CSPC Dophen Corporation v. Hu

Filing 205

ORDER signed by Magistrate Judge Deborah Barnes on 06/03/19 DENYING 195 , 196 Motions to Compel without prejudice to renewal; DENYING 199 , 201 Requests to Seal without prejudice to renewal; the 06/07/19 motion hearing date is VACATED. (Benson, A.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CSPC DOPHEN CORPORATION,

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No. 2:17-cv-1895 MCE DB

Plaintiff,

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v.

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ZHIXIANG HU,

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ORDER

Defendant.

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On May 17, 2019, plaintiff filed two motions to compel and noticed those motions for

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hearing before the undersigned on June 7, 2019, pursuant to Local Rule 302(c)(1). (ECF Nos.

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195 & 196.) On May 31, 2019, plaintiff filed a Joint Statement re Discovery Disagreement with

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respect to each motion, along with a request to file documents under seal. (ECF Nos. 199-202.)

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However, on September 12, 2017, the assigned District Judge issued an Initial Pretrial

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Scheduling Order, which provided that all discovery was to be completed within 365 days, i.e., by

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September 12, 2018. (ECF No. 5 at 2.) On May 29, 2018, defendant’s prior counsel’s motion to

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withdraw was granted by the assigned District Judge, and this matter was referred to the

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undersigned pursuant to Local Rule 302(c)(21). (ECF No. 68.)

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Accordingly, on June 18, 2018, the undersigned issued a scheduling order setting January

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18, 2019, as the deadline for the completion of discovery. (ECF No. 76 at 2.) The order

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explained that “‘completed’ means that all discovery shall have been conducted so that all
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depositions have been taken and any disputes relative to discovery shall have been resolved by

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

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complied with.” (Id.) On December 6, 2018, the undersigned issued an order granting the

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parties’ stipulation to continue the deadline for the completion of discovery to April 5, 2019.

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(ECF No. 134 at 4.) After defendant retained new counsel, this matter was referred back to the

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assigned District Judge pursuant to Local Rule 302(c)(21). (ECF No. 173.)

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In this regard, discovery was open for over 18 months in this action and closed on April 5,

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2019—prior to plaintiff filing the motions to compel on May 17, 2019. Plaintiff’s motions,

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therefore, will be denied without prejudice to renewal in the event discovery in this action is later

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reopened.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motions to compel filed May 17, 2019 (ECF Nos. 195 & 196) are denied

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without prejudice to renewal;
2. Plaintiff’s May 31, 2019 requests to file documents under seal (ECF Nos. 199 & 201)
are denied without prejudice to renewal; and
3. The June 7, 2019 hearing of plaintiff’s motions is vacated.
Dated: June 3, 2019

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DLB:6
DB\orders\orders.civil\cspc1895.disc.ut.ord

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