Tomasini v. Chau et al

Filing 67

ORDER signed by Magistrate Judge Allison Claire on 3/9/2023 ORDERING that 65 Plaintiff's Motion for Reconsideration is DENIED.; Plaintiff's 66 Motion to voluntarily dismiss deceased defendant D. Gentry and any and all of her successo rs in interest is GRANTED. The operative Discovery and Scheduling Order is modified as follows: The parties may conduct discovery until 4/21/2023. Any Motions to Compel Discovery shall be filed by that date; All pretrial Motions, except Motions to Compel, shall be filed on or before 7/14/2023.(Mena-Sanchez, L)

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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 DAD AC P

Plaintiff,
v.

ORDER

JAMES CHAU, et al.,

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Defendants.

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Before the court are plaintiff’s motion for reconsideration of the order denying his request

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for a stay (ECF No. 65) and his motion to voluntarily dismiss defendant D. Gentry (ECF No. 66).

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Reconsideration of prior orders is generally available only on grounds of newly

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discovered evidence, clear error, or an intervening change in the controlling law. Marlyn

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Nutraceuticals, Inc. v. Mucos Pharma GmbH & Co., 571 F.3d 873, 880 (9th Cir. 2009). None of

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these factors are present here. The motion for a stay was based on plaintiff’s separation from his

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legal property; he now informs the court that he has been reunited with his files but faces other

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circumstances that warrant a stay. ECF No. 65. The motion for reconsideration will be denied,

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but the operative discovery and scheduling order will be amended in light of the status of the case

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generally.

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On December 8, 2022, defendants filed a notice of death of defendant D. Gentry. ECF
No. 58. Plaintiff has now notified the court that he will not be seeking to substitute Gentry’s
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successors in interest pursuant to Federal Rule of Civil Procedure 25(a), but wishes instead to

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dismiss Gentry. ECF No. 66. The motion will be granted.

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The court previously indicated that discovery deadlines would be reset once the status of

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defendant Gentry was clarified. ECF No. 63 at 3. New discovery and dispositive motions

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deadlines are accordingly set below. Due to the number of extensions previously granted, which

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have continued discovery well beyond the original deadline of June 24, 2022 (ECF No. 38 at 5),

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the discovery period will be left open for a relatively brief additional period.

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CONCLUSION

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For the reasons state above, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for reconsideration (ECF No. 65) is DENIED;

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2. Plaintiff’s motion to voluntarily dismiss deceased defendant D. Gentry and any and all

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of her successors in interest (ECF No. 66) is GRANTED. See generally Federal Rule of Civil

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Procedure 41(a)(2);

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3. The operative Discovery and Scheduling Order is modified as follows:

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a. The parties may conduct discovery until April 21, 2023. Any motions to compel
discovery shall be filed by that date;

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b. All pretrial motions, except motions to compel, shall be filed on or before July 14,

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2023.

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DATED: March 9, 2023

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