Johnson v. Private Capital Fund, LLC, et al.

Filing 26

ORDER signed by Magistrate Judge Kendall J. Newman on 8/16/17: Plaintiff's motion to compel (ECF No. 24) is DENIED WITHOUT PREJUDICE, subject to potential renewal, if necessary, upon completion of the VDRP process. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SCOTT JOHNSON,

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Plaintiff,

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No. 2:15-cv-2125-MCE-KJN

v.

ORDER

PRIVATE CAPITAL FUND, LLC, et al.

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Defendants.

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Presently pending before the court is a motion to compel filed by plaintiff, and set for

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hearing on August 24, 2017. (ECF No. 25.) Upon further review of the record, the court notes

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that the district judge recently issued a minute order vacating all dates and deadlines in the initial

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pretrial scheduling order and stating that “an order referring this matter to VDRP will be

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forthcoming.” (ECF No. 22.) Thus, in the interest of avoiding the accumulation of fees and costs

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through potentially unnecessary discovery and motion practice, and to allow the parties sufficient

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time to pursue an early resolution of this matter through the VDRP, IT IS HEREBY ORDERED

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that:

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1. The August 24, 2017 hearing is VACATED.

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2. Plaintiff’s motion to compel (ECF No. 24) is DENIED WITHOUT PREJUDICE,

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subject to potential renewal, if necessary, upon completion of the VDRP process.
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IT IS SO ORDERED.
Dated: August 16, 2017

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