Apple Hill Growers v. El Dorado Orchards, Inc. et al
ORDER signed by Magistrate Judge Carolyn K. Delaney on 01/07/2022 SUBMITTING 32 Motion to Compel and VACATING the Hearing currently set for 01/12/2022. The court APPROVES the parties' [33.1] Stipulation; EXTENDS the deadline for Fact Discovery to 05/02/2022. All other dates and deadlines in the 29 Scheduling Order remain unchanged. No later than 01/19/2022, the parties shall file a Supplemental Joint Statement. (Rodriguez, E)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
APPLE HILL GROWERS,
EL DORADO ORCHARDS, INC., et al.,
(ECF No. 32)
Presently before the court is plaintiff / counter-defendant Apple Hill Growers’ motion to
compel certain discovery responses and production from defendant / counter-claimant Mason
Visman. (ECF No. 32.) Upon reviewing the Joint Statement regarding the discovery
disagreement, filed January 5, 2022 (ECF No. 33), it appears likely that the parties will be able to
resolve their discovery dispute without judicial intervention. The court strongly encourages them
to endeavor to do so.
The parties’ stipulation to extend the fact-discovery deadline, attached to the Joint
Statement (ECF No. 33.1), is a promising step in the right direction. The court hereby approves
the stipulated extension—which does not affect the previously set dispositive motions or trial
The court will take plaintiff’s motion to compel under submission in hopes that the parties
independently resolve the dispute and will require the parties to update the court on the status of
the dispute as they proceed. Based on defense counsel’s representation that he will “try to
provide” the subject discovery responses and production by January 15, 2022 (ECF No. 33 at 5),
the parties shall file a supplemental joint statement regarding the status of the discovery dispute
no later than January 19, 2022. Should the parties reach a resolution of the motion, plaintiff shall
so state in the supplemental joint statement or shall withdraw the motion to compel.
It is HEREBY ORDERED that:
1. Plaintiff’s motion to compel (ECF No. 32) is taken under submission, and the hearing
on the motion currently set for January 12, 2022 is VACATED;
2. The court APPROVES the parties’ stipulation (ECF No. 33.1) and extends the
deadline for fact discovery to May 2, 2022. All other dates and deadlines in the
Scheduling Order (ECF No. 29) remain unchanged; and
3. No later than January 19, 2022, the parties shall file a supplemental joint statement
regarding the status of the present discovery dispute, or plaintiff shall file a notice of
withdrawal of the motion to compel.
Dated: January 7, 2022
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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?