Terry et al v. Register Tapes Unlimited, Inc. et al

Filing 93

ORDER signed by Magistrate Judge Allison Claire on 3/18/19 DENYING 88 Motion to Compel and VACATING the 3/20/19 hearing. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT TERRY, et al.,

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Plaintiffs,

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No. 2:16-cv-00806 WBS AC

v.

ORDER

REGISTER TAPES UNLIMITED, et al.,

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Defendants.

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Before the court is plaintiff’s motion to compel discovery and for sanctions, filed

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February 19, 2019, with a requested hearing date March 20, 2019. ECF No. 88. Non-expert

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discovery in this matter was to be completed by March 15, 2019. ECF No. 87. The court’s pre-

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trial scheduling order specified that “‘completed’ means that all discovery shall have been

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conducted so that all depositions have been taken and any disputes relative to discovery shall

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have been resolved by appropriate order if necessary and, where discovery has been ordered, the

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order has been obeyed.” ECF No. 22 at 4.
Plaintiff’s motion to compel is untimely and therefore will not be considered. The parties

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are free to continue to engage in informal negotiations regarding discovery, but the right to seek

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enforcement by this court concluded no later than March 15, 2019 – a date which occurred prior

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to the date plaintiff requested for hearing. ECF Nos. 22, 87, 88. Because plaintiff’s motion (ECF

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No. 88) is untimely it is DENIED and the hearing set for March 20, 2019 is VACATED.

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IT IS SO ORDERED.
DATED: March 18, 2019

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