Tomasini v. Chau et al

Filing 43

ORDER signed by Magistrate Judge Allison Claire on 7/21/2022 GRANTING plaintiff's 41 motion for relief from default for late service of discovery documents and GRANTING defendants' 42 motion to modify the discovery deadline and to extend their time to respond to plaintiff's written discovery requests. The 38 Discovery and Scheduling Order is modified as follows: a. Defendants shall have until 9/1/2022, to respond to plaintiff's written discovery requests; b . The deadline to complete discovery and to file motions to compel is extended from 7/25/2022, to 9/8/2022, and c. All pretrial motions, except motions to compel discovery, shall be filed on or before 12/1/2022. All other directives in the court's discovery and scheduling order issued 2/15/2022 are to remain in full force and effect. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PAUL C. TOMASINI,

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No. 2:18-cv-0286 JAM AC P

Plaintiff,
v.

ORDER

JAMES CHAU, et al.,
Defendants.

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Plaintiff has filed a motion for “relief from default for late service of discovery

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documents,” which effectively seeks to extend discovery deadlines such that plaintiff’s discovery

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requests dated May 3, 2022, are deemed timely. ECF No. 41. Defendants have filed a motion to

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modify the discovery and scheduling order and to extend their time to respond to plaintiff’s

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written discovery requests. ECF No. 42. No opposition to either motion has been filed. Good

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cause appearing, both motions will be granted, and the dates to complete discovery and to file

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pretrial motions will be adjusted as stated herein.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for relief from default for late service of discovery documents (ECF

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No. 41), is GRANTED;
2. Defendants’ motion to modify the discovery deadline and to extend their time to
respond to plaintiff’s written discovery requests (ECF No. 42) is GRANTED;
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3. The discovery and scheduling order issued February 15, 2022 (ECF No. 38), is further
MODIFIED1 as follows:

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a. Defendants shall have until September 1, 2022, to respond to plaintiff’s written
discovery requests;

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b. The deadline to complete discovery and to file motions to compel is extended from
July 25, 2022, to September 8, 2022, and

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c. All pretrial motions, except motions to compel discovery, shall be filed on or
before December 1, 2022.

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All other directives in the court’s discovery and scheduling order issued February 15,

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2022 (ECF No. 38) are to remain in full force and effect.

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DATED: July 21, 2022

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The original February 2022 discovery and scheduling order (ECF No. 38) was first modified on
June 30, 2022. See ECF No. 40.
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