Avila et al v. Maciejewski

Filing 72

ORDER signed by Magistrate Judge Deborah Barnes on 09/26/16 ORDERING that defendants' 56 , 57 , 58 , 59 , 60 , 61 , 63 , 64 and 65 Motions to Compel are DENIED without prejudice as untimely; the 09/30/16 hearings are VACATED. (Benson, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ERICA AVILA, et al.,

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Plaintiffs,

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No. 2:14-cv-2284 TLN DB

v.

ORDER

DANIEL MACIEJEWSKI, et al.,

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Defendants.

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On September 7, 2016, defendants Daniel Maciejewski and Savage Logistics, LLC filed

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ten motions to compel and noticed those motions for hearing before the undersigned on

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September 30, 2016. (Dkt. Nos. 56-65.) Defendants’ motions seek production of various types

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of discovery within five days of the September 30, 2016 hearing. (See Dkt. No. 56-4 at 2; Dkt.

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No. 59-4 at 2; Dkt. No. 65-4 at 2.)
However, on June 15, 2016, the assigned District Judge issued an Amended Pretrial

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Scheduling Order, which provides that “[a]ll discovery shall be completed by September 30,

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2016.” (Dkt. No. 51 at 2.) Moreover, the order explains that:
. . . “completed” means that all discovery shall have been conducted
so that all depositions have been taken and any disputes relative to
discovery shall have been resolved by appropriate order if
necessary and, where discovery has been ordered, the order has
been obeyed.

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(Id.) In this regard, there is not sufficient time remaining in the discovery period for the

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undersigned to hear defendants’ motions on September 30, 2016, order the production of

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discovery, and for that order to be obeyed.

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Accordingly, IT IS HEREBY ORDERED that defendants’ September 7, 2016 motions to

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compel (Dkt. Nos. 56-65) are denied without prejudice as untimely and the September 30, 2016

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hearings are vacated.

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Dated: September 26, 2016

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DLB:6
DLB1\orders.civil\avila2284.disc.den.ut.ord

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