Fuller v. Lowe's Home Centers, LLC

Filing 17

ORDER signed by Magistrate Judge Allison Claire on 5/7/2019 DENYING 10 Motion to Quash or Modify without prejudice to renewal, should 5 Pretrial Scheduling Order be modified to extend the discovery deadline. The 5/15/2019 motion hearing is VACATED. (Huang, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CINDY FULLER,

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Plaintiff,

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No. 2:18-cv-01129 MCE AC

v.

ORDER

LOWE’S HOME CENTERS, LLC,

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Defendant.

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Before the court is plaintiff’s April 12, 2019 motion to quash or modify subpoenas served

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by defendant on her medical care provider. ECF No. 10. As defendant’s opposition (ECF No.

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15) points out, this motion was untimely filed. The initial pretrial scheduling order in this case

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provides that all non-expert discovery was to be completed by May 7, 2019. ECF No. 5 at 2. The

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scheduling order specified that “‘completed’ means that all discovery shall have been conducted

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so that all depositions have been taken and any disputes relative to discovery shall have been

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resolved by appropriate order if necessary and, where discovery has been ordered, the order has

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been obeyed.” Id. Plaintiff’s April 12 motion, scheduled for hearing on May 15, did not allow

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time for the dispute to be resolved, and any discovery order obeyed, before the discovery deadline

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expired.

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Plaintiff’s motion to compel is untimely and therefore will not be considered. The parties
are free to continue to engage in informal negotiations regarding discovery, but enforcement
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cannot be sought from the undersigned without modification of the scheduling order. Because

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defendant’s motion (ECF No. 10) is untimely, it is DENIED without prejudice to renewal, should

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the pretrial scheduling order (ECF No. 5) be modified to extend the discovery deadline. The

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hearing on the motion set for May 15, 2019 is VACATED.

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IT IS SO ORDERED.
DATED: May 7, 2019

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