Johnson v. Kumar et al

Filing 24

ORDER signed by Magistrate Judge Deborah Barnes on 9/20/2017 DENYING 19 Motion to Compel without prejudice to renewal; VACATING the hearing on said motion set for 9/22/2017. (Michel, G.)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SCOTT N. JOHNSON, 12 13 No. 2:16-cv-0978 JAM DB Plaintiff, v. ORDER 14 KRISHNA G. KUMAR, et al., 15 Defendants. 16 17 On August 28, 2017, plaintiff filed a motion to compel responses to requests for 18 production of documents and interrogatories. (ECF No. 19.) Plaintiff noticed the motion for 19 hearing before the undersigned on September 15, 2017. September 15, 2017, however, was not 20 an available law and motion date. Accordingly, on August 30, 2017, the hearing of plaintiff’s 21 motion was continued to September 22, 2017. (ECF No. 20.) 22 However, discovery in this matter must be completed by September 22, 2017. (ECF No. 23 15 at 4.) “Completed,” in this context, “means that . . . any disputes relative to discovery shall 24 have been resolved by appropriate order if necessary and, where discovery has been ordered, the 25 order has been complied with.” (Id.) 26 In this regard, even if the undersigned heard plaintiff’s motion on September 15, 2017, as 27 originally noticed, sufficient time would not have remained prior to the deadline for the 28 completion of discovery. And there certainly is not sufficient time after the September 22, 2017 1 1 hearing. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. Plaintiff’s August 28, 2017 motion to compel (ECF No. 19) is denied without prejudice 4 to renewal 1; and 5 6 2. The September 22, 2017 hearing of plaintiff’s motion is vacated. DATED: September 20, 2017 7 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 DLB:6 DB\orders\orders.civil\johnson0978.mtc.den.ord 24 25 26 27 28 1 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. 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?