Advanced Laboratories International, LLC v. Valentus International et al

Filing 42

ORDER signed by Magistrate Judge Craig M. Kellison on 1/23/2018 ORDERING that the court DECLINES the 41 Stipulation and Proposed Order for a continuance.(Hunt, G)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ADVANCED LABORATORIES,
INTERNATIONAL, LLC,

No. 2:17-CV-0141-TLN-CMK

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Plaintiff,
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vs.

ORDER

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VALENTUS INTERNATIONAL,
et al.,

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Defendants.

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VALENTUS, INC., et al.,

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Counterclaimants,
vs.
ADVANCED LABORATORY
INTERNATIONAL, LLC, et al.,

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Counterdefendants.
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Plaintiff brings this civil action for breach of contract. Currently pending before
the court are plaintiff’s three separate motions to compel (see Docs. 24, 25, and 29). Also before
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the court is defendant’s application for an order to show cause (see Doc. 38). All three matters

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are set for hearing before the undersigned in Redding, California, on January 31, 2018. The

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parties have submitted a stipulation and proposed order continuing the hearing on all three

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matters to February 21, 2018 (see Doc. 41).

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The court declines to approve the stipulated proposed order to continue the

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January 31, 2018, hearing to February 21, 2018. On May 3, 2017, the District Judge assigned to

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this case issued a pre-trial scheduling order which, among other things, directed that discovery be

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completed by December 29, 2017. In the context of the scheduling order, “completed” means

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that any discovery disputes have been resolved and, if discovery is ordered, such order has been

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obeyed by the cut-off date. The District Judge’s order further provided that the schedule could

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not be modified pursuant to stipulation of the parties. On December 7, 2017, the District Judge

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granted the parties’ request to modify the scheduling order and continued the deadline for

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completion of discovery to February 7, 2018. The parties’ current stipulated order to continue

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the hearing on the pending motions to February 21, 2018, would have the effect of an

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impermissible modification of the schedule established by the District Judge. Before the

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undersigned can entertain a request for a continuance beyond the current discovery cut-off date,

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the parties would need to obtain an order from the District Judge further modifying the schedule.

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Absent such an order and a renewed request for a continuance, the pending motions and

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application for an order to show cause remain on calendar for hearing on January 31, 2018.

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Accordingly, IT IS HEREBY ORDERED that the court declines to approve the
parties’ stipulated order for a continuance (Doc. 41).

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DATED: January 23, 2018
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CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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