Federal Ins. Co. v. Whirlpool Corp., et al.,

Filing 28

ORDER signed by Magistrate Judge Edmund F. Brennan on 3/2/2017 ORDERING that plaintiff's 24 Motion to Compel is DENIED without prejudice and the 3/8/2017 hearing is VACATED. (Zignago, K.)

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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 FEDERAL INSURANCE COMPANY, 12 13 14 No. 2:16-cv-1678-TLN-EFB Plaintiff, v. ORDER WHIRLPOOL CORPORATION, et al., 15 Defendants. 16 17 On February 15, 2017, plaintiff filed a motion to compel defendants 3M Company and 18 Whirlpool Corporation to provide further responses to plaintiff’s Interrogatories and Request for 19 Production of Documents. ECF No. 24. Plaintiff noticed its motion for hearing on March 8, 20 2017. Id. 21 The assigned district judge previously issued a Status (Pre-trial Scheduling) Order, which 22 provides that all discovery shall be completed by March 12, 2017, which is a Sunday. ECF No. 23 23 at 2. The order further provides that “‘completed’ means that “all discovery shall have been 24 conduct so that all depositions have been taken and any disputes relative to discovery shall have 25 been resolved by appropriate order if necessary and, where discovery has been ordered, the order 26 has been obeyed.” Id. 27 Plaintiff noticed its discovery motion for hearing just three business days prior to the close 28 of discovery. Even if the court were to find that plaintiff is entitled to the relief sought—an order 1 1 compelling defendants to produce documents and responses to interrogatories—defendants would 2 not have sufficient time to comply with such an order. 3 Accordingly, the court finds that plaintiff’s motion to compel is untimely under the court’s 4 scheduling order. Further, any request to modify the scheduling order must be presented to and 5 approved by the district judge and be supported by a showing of good cause. See Fed. R. Civ. P. 6 16(b)(4). 7 8 Accordingly, plaintiff’s motion to compel (ECF No. 24) is denied without prejudice and the March 8, 2017 hearing thereon is vacated. 9 So Ordered 10 DATED: March 2, 2017. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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