Qualls et al v. County of Sacramento et al

Filing 9

ORDER signed by Magistrate Judge Deborah Barnes on 4/26/21 DENYING without prejudice 7 Motion to Compel and the April 30, 2021 hearing is vacated. (Kaminski, H)

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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 HEATHER QUALLS, et al., 12 Plaintiffs, 13 14 15 v. No. 2:20-cv-0612 TLN DB ORDER COUNTY OF SACRAMENTO, et al, Defendants. 16 17 On April 9, 2012, defendant County of Sacramento filed a motion to compel responses 18 from plaintiff Heather Qualls and noticed the motion for hearing before the undersigned on April 19 30, 2021, pursuant to Local Rule 302(c)(1). (ECF No. 7.) On April 23, 2021, the parties filed a 20 Joint Statement re Discovery Disagreement. (ECF No. 8.) 21 Therein, plaintiffs’ counsel Kenny Giffard states he received “an e-mail” on July 9, 2020, 22 from an Allen Patatanyan, Esq., stating Patatanyan “had been retained by plaintiff Heather Qualls 23 to represent her in this case[.]” (Id. at 3.) Accordingly, plaintiffs’ counsel asserts that he “cannot 24 answer for Ms. Qualls nor respond to discovery propounded to her unless and until I am her 25 counsel.” (Id.) Attorney Giffard, however, is plaintiffs’ counsel of record. And attorney Giffard 26 has not sought leave to withdraw. 27 28 Nonetheless, on March 20, 2020, the assigned District Judge issued an Initial Pretrial Scheduling Order. (ECF No. 2.) Pursuant to that order discovery was to be “completed no later 1 1 than two hundred forty (240) days from the date upon which the last answer may be filed with the 2 Court[.]” (Id. at 2.) “‘[C]ompleted’ means that all discovery shall have been conducted so that 3 all depositions have been taken and any disputes relative to discovery shall have been resolved by 4 appropriate order if necessary and, where discovery has been ordered, the order has been 5 complied with.” (Id.) Defendants filed their answer in this action on March 25, 2020, and well 6 over 240 days have passed. Indeed, on October 23, 2020, defendants filed a status report in 7 which they acknowledged that discovery closed on November 20, 2020. (ECF No. 6 at 3.) In 8 this regard, the parties’ discovery dispute is untimely. 9 Accordingly, IT IS HEREBY ORDERED that defendants’ April 9, 2021 motion to 10 compel (ECF No. 7) is denied without prejudice and the April 30, 2021 hearing is vacated. 11 Dated: April 26, 2021 12 13 14 15 16 17 18 19 20 21 22 23 DLB:6 DB\orders\orders.civil\qualls0612.unt.den.ord 24 25 26 27 28 2

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