Tyurina v. Urbana Tahoe TC LLC et al
Filing
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ORDER signed by Magistrate Judge Deborah Barnes on 12/19/2017 ORDERING plaintiff's 30 Motion to Compel is DENIED without prejudice to renewal. The 12/22/2017 hearing is VACATED. (Zignago, K.)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ELENA TYURINA,
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No. 2:16-cv-0759 TLN DB
Plaintiff,
v.
ORDER
URBANA TAHOE TC LLC., et al.,
Defendants.
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On November 28, 2017, plaintiff filed a motion to compel depositions. (ECF No. 30.) In
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connection with the noticed motion plaintiff filed a memorandum and declaration in support,
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along with exhibits. (ECF Nos. 31 & 32.) Defendant filed an opposition, which included a
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declaration and exhibits. (ECF Nos. 34 through 34-8.) However, Local Rule 251(c) provides that
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briefing with respect to a discovery motion shall be done by way of a “Joint Statement re
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Discovery Disagreement,” and that “[a]ll arguments and briefing that would otherwise be
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included in a memorandum of points and authorities supporting or opposing the motion shall be
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included in this joint statement, and no separate briefing shall be filed.”
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Moreover, plaintiff’s motion to compel is noticed for hearing before the undersigned on
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December 22, 2017. (ECF No. 30.) Discovery in this matter must be completed by December
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29, 2017. (ECF No. 33.) “Completed,” in this context, “means that . . . all depositions have been
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taken and any disputes relative to discovery shall have been resolved by appropriate order if
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necessary and, where discovery has been ordered, the order has been obeyed.” (ECF No. 19 at 2.)
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In this regard, there is not sufficient time remaining in the discovery period to hear
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plaintiff’s motion, issue an order, and provide time for compliance. Plaintiff’s motion asks that
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undersigned order that “[t]he deposition(s) of the persons most qualified . . . can be conducted up
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to and including January 19, 2018.” (ECF No. 30 at 3.) However, that would require an
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extension of the discovery deadline. Only the assigned District Judge can modify the discovery
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deadline in this action.
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Additionally, on December 14, 2017, the parties also filed a Joint Statement re Discovery
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Disagreement. (ECF No. 35.) Pursuant to the undersigned’s Standard Information, parties must
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meet prior to the filing of a discovery motion and “must again confer in person or via telephone
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or video conferencing” prior to the filing of the joint statement. See
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http://www.caed.uscourts.gov/caednew/index.cfm/judges/all-judges/united-states-magistrate-
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judge-deborah-barnes-db. It is not clear from reading the parties’ joint statement if the parties
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again met and conferred after the filing of the motion but prior to the filing of the joint statement.
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Accordingly, IT IS HEREBY ORDERED that:
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1. Plaintiff’s November 28, 2017 motion to compel (ECF No. 30) is denied without
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prejudice to renewal1; and
2. The December 22, 2017 hearing of plaintiff’s motion is vacated.
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Dated: December 19, 2017
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DLB:6
DB\orders\orders.civil\tyurina0759.mtc.den.wop.ord
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In this regard, if the time allotted for discovery in this action is extended, plaintiff may re-notice
a motion to compel for hearing before the undersigned. Any future motion to compel should
comply with the Local Rules and the undersigned’s Standard Information.
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