Wixon et al v. Wyndham Resort Development Corp., et al

Filing 1364

ORDER SHORTENING TIME by Magistrate Judge Bernard Zimmerman granting #1358 Motion to Shorten Time (bzsec, COURT STAFF) (Filed on 9/14/2011)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 CLARKE and REBECCA WIXON, 11 12 13 Plaintiff(s), v. WYNDHAM RESORT DEVELOPMENT CORP., et al., 14 Defendant(s). 15 ) ) ) ) ) ) ) ) ) ) ) No. C 07-2361 JSW (BZ) ORDER SHORTENING TIME 16 In opposition to plaintiffs’ motion for leave to take the 17 deposition of the objector-appellants, their counsel has filed 18 a declaration which is largely devoted to the underlying issue 19 of whether depositions should be taken.1 20 shortening time is premised chiefly on the facts that 21 plaintiffs have known the identity of the objectors for some 22 months and at least one of the objectors is out-of-town. 23 Neither of these facts persuade me that time should not be 24 shortened. 25 take these depositions did not surface until the notice of 26 appeal was filed and there is no suggestion that the out-of- The opposition to As I understand the moving papers, the need to 27 1 28 Inasmuch as Judge White has only referred the discovery motion to me under Civil L.R. 72-1, there is no need for consent to magistrate judge jurisdiction. 1 1 town objector would somehow be involved in briefing the 2 discovery motion. 3 motion to shorten time is GRANTED. 4 if objectors wish to file anything further in opposition to 5 the motion, they shall do so by Monday, September 19, 2011. 6 Any reply shall be filed by Wednesday, September 21, 2011. 7 I will schedule a hearing if I determine that one is 8 necessary. 9 Dated: September 14, 2011 IT IS THEREFORE ORDERED that plaintiff’s IT IS FURTHER ORDERED that 10 11 12 Bernard Zimmerman United States Magistrate Judge 13 G:\BZALL\-REFS\WIXON V. TRENDWEST\ORDER GRANTING OST.wpd 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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