Yee v. Sacramento County, Jail et al

Filing 65

ORDER signed by Magistrate Judge Deborah Barnes on 7/6/2020 DENYING 64 Motion to Compel without prejudice and the 7/10/2020 hearing is VACATED. (Mena-Sanchez, L)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 VINCENT YEE, 12 Plaintiff, 13 14 No. 2:14-cv-2955 KJM DB PS v. ORDER SACRAMENTO COUNTY JAIL, et al., 15 Defendants. 16 Plaintiff Vincent Yee is proceeding in this action pro se. This matter was referred to the 17 18 undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). On June 5, 2020, defendants filed a motion to compel and noticed the motion for hearing 19 20 before the undersigned on July 10, 2020. (ECF No. 64.) However, pursuant to the Status 21 (Pretrial Scheduling) Order issued on November 19, 2019, discovery in this action must be 22 “completed by July 10, 2020.” (ECF No. 56 at 2.) “‘[C]ompleted’ means that all discovery shall 23 have been conducted so that all depositions have been taken and any disputes relative to 24 discovery shall have been resolved by appropriate order if necessary and, where discovery has 25 been ordered, the order has been complied with.” (Id.) A hearing on the day discovery closes 26 does not provide sufficient time to hear defendants’ motion, issue an order, and allow for the 27 order to be complied with prior to the close of discovery. 28 //// 1 1 Accordingly, IT IS HEREBY ORDERED that defendants’ June 5, 2020 motion to compel 2 (ECF No. 64) is denied without prejudice and the July 10, 2020 hearing is vacated. 3 Dated: July 6, 2020 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 DLB:6 DB\orders\orders.pro se\yee2955.disc.unt.ord 24 25 26 27 28 2

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