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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 APPLE HILL GROWERS, 12 Plaintiff/CounterDefendant, 13 14 15 v. EL DORADO ORCHARDS, INC., et al., No. 2:17–cv–02085–TLN–CKD ORDER (ECF No. 32) Defendants/CounterClaimant. 16 17 Presently before the court is plaintiff / counter-defendant Apple Hill Growers’ motion to 18 19 compel certain discovery responses and production from defendant / counter-claimant Mason 20 Visman. (ECF No. 32.) Upon reviewing the Joint Statement regarding the discovery 21 disagreement, filed January 5, 2022 (ECF No. 33), it appears likely that the parties will be able to 22 resolve their discovery dispute without judicial intervention. The court strongly encourages them 23 to endeavor to do so. 24 The parties’ stipulation to extend the fact-discovery deadline, attached to the Joint 25 Statement (ECF No. 33.1), is a promising step in the right direction. The court hereby approves 26 the stipulated extension—which does not affect the previously set dispositive motions or trial 27 deadlines. 28 //// 1 1 The court will take plaintiff’s motion to compel under submission in hopes that the parties 2 independently resolve the dispute and will require the parties to update the court on the status of 3 the dispute as they proceed. Based on defense counsel’s representation that he will “try to 4 provide” the subject discovery responses and production by January 15, 2022 (ECF No. 33 at 5), 5 the parties shall file a supplemental joint statement regarding the status of the discovery dispute 6 no later than January 19, 2022. Should the parties reach a resolution of the motion, plaintiff shall 7 so state in the supplemental joint statement or shall withdraw the motion to compel. ORDER 8 9 10 It is HEREBY ORDERED that: 1. Plaintiff’s motion to compel (ECF No. 32) is taken under submission, and the hearing 11 12 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 13 deadline for fact discovery to May 2, 2022. All other dates and deadlines in the 14 Scheduling Order (ECF No. 29) remain unchanged; and 15 3. No later than January 19, 2022, the parties shall file a supplemental joint statement 16 regarding the status of the present discovery dispute, or plaintiff shall file a notice of 17 withdrawal of the motion to compel. 18 Dated: January 7, 2022 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 19, appl.2085 24 25 26 27 28 2

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