Apple Hill Growers v. El Dorado Orchards, Inc. et al

Filing 34

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)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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APPLE HILL GROWERS,

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Plaintiff/CounterDefendant,

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v.
EL DORADO ORCHARDS, INC., et al.,

No. 2:17–cv–02085–TLN–CKD

ORDER
(ECF No. 32)

Defendants/CounterClaimant.

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Presently before the court is plaintiff / counter-defendant Apple Hill Growers’ motion to

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compel certain discovery responses and production from defendant / counter-claimant Mason

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Visman. (ECF No. 32.) Upon reviewing the Joint Statement regarding the discovery

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disagreement, filed January 5, 2022 (ECF No. 33), it appears likely that the parties will be able to

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resolve their discovery dispute without judicial intervention. The court strongly encourages them

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to endeavor to do so.

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The parties’ stipulation to extend the fact-discovery deadline, attached to the Joint

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Statement (ECF No. 33.1), is a promising step in the right direction. The court hereby approves

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the stipulated extension—which does not affect the previously set dispositive motions or trial

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deadlines.

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The court will take plaintiff’s motion to compel under submission in hopes that the parties

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independently resolve the dispute and will require the parties to update the court on the status of

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the dispute as they proceed. Based on defense counsel’s representation that he will “try to

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provide” the subject discovery responses and production by January 15, 2022 (ECF No. 33 at 5),

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the parties shall file a supplemental joint statement regarding the status of the discovery dispute

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no later than January 19, 2022. Should the parties reach a resolution of the motion, plaintiff shall

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so state in the supplemental joint statement or shall withdraw the motion to compel.
ORDER

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It is HEREBY ORDERED that:
1. Plaintiff’s motion to compel (ECF No. 32) is taken under submission, and the hearing

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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

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deadline for fact discovery to May 2, 2022. All other dates and deadlines in the

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Scheduling Order (ECF No. 29) remain unchanged; and

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3. No later than January 19, 2022, the parties shall file a supplemental joint statement

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regarding the status of the present discovery dispute, or plaintiff shall file a notice of

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withdrawal of the motion to compel.

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Dated: January 7, 2022
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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19, appl.2085

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