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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FEDERAL INSURANCE COMPANY,

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No. 2:16-cv-1678-TLN-EFB

Plaintiff,
v.

ORDER

WHIRLPOOL CORPORATION, et al.,

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Defendants.

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On February 15, 2017, plaintiff filed a motion to compel defendants 3M Company and

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Whirlpool Corporation to provide further responses to plaintiff’s Interrogatories and Request for

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Production of Documents. ECF No. 24. Plaintiff noticed its motion for hearing on March 8,

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2017. Id.

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The assigned district judge previously issued a Status (Pre-trial Scheduling) Order, which

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provides that all discovery shall be completed by March 12, 2017, which is a Sunday. ECF No.

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23 at 2. The order further provides that “‘completed’ means that “all discovery shall have been

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

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

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has been obeyed.” Id.

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Plaintiff noticed its discovery motion for hearing just three business days prior to the close

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of discovery. Even if the court were to find that plaintiff is entitled to the relief sought—an order
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compelling defendants to produce documents and responses to interrogatories—defendants would

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not have sufficient time to comply with such an order.

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Accordingly, the court finds that plaintiff’s motion to compel is untimely under the court’s

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scheduling order. Further, any request to modify the scheduling order must be presented to and

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approved by the district judge and be supported by a showing of good cause. See Fed. R. Civ. P.

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16(b)(4).

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Accordingly, plaintiff’s motion to compel (ECF No. 24) is denied without prejudice and
the March 8, 2017 hearing thereon is vacated.

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So Ordered

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DATED: March 2, 2017.

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