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

Filing 226

ORDER re #222 Letter filed by Peggy Fry, John Henley, Gene Hensley, John McConnell, David Herrick, #221 Letter filed by Wyndham Resort Development Corp., #219 Memorandum in Opposition filed by Barbara Wixon, Norman Wixon, Rebecca Wixon, Clarke Wixon. Signed by Magistrate Judge Bernard Zimmerman on 3/20/2009. (bzsec, COURT STAFF) (Filed on 3/20/2009)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CLARKE and REBECCA WIXON, ) ) Plaintiff(s), ) ) v. ) ) TRENDWEST RESORTS, INC., et ) al., ) ) Defendant(s). ) ) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

No. C 07-2361 JSW (BZ) THIRD DISCOVERY ORDER

Following a telephone conference at which the parties were represented by counsel, IT IS HEREBY ORDERED as follows: 1. With regard to the dispute over interrogatories, the parties shall meet and confer one final time and attempt to resolve their disagreement in accordance with the views expressed by the Court. If the parties are unable to reach an

agreement, defendants are given leave to file motions to compel further discovery. The director defendants' motion Plaintiffs' opposition

shall be filed by March 25, 2009.

shall be filed by April 1, 2009 and defendants' reply shall be filed by April 8, 2009. Defendant Wyndham Resort Development Plaintiffs'

Corp. shall file its motion by April 1, 2009. 1

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opposition shall be filed by April 8, 2009 and defendant's reply shall be filed by April 13, 2009. The Court will decide

whether to set a hearing after reviewing all the papers; 2. With regard to the dispute over the class

certification expert witness disclosure schedule, I find no need for further briefing. I deem the plaintiffs' opposition

(Docket No 219) to constitute a motion for relief from any default that may have occurred. I find that there is good

cause to grant plaintiffs the relief they seek because of: (1) the lack of finality in their respective correspondence on this issue (2) the defendants' somewhat belated document production (3) the minimal impact on the defendants of the two week delay. IT IS THEREFORE ORDERED that plaintiffs' March

16, 2009 disclosure was timely. 3. Defendants' motions for production of plaintiffs'

retention of counsel letters (Docket No. 221 and 222) are DENIED. Dated: March 20, 2009 Bernard Zimmerman United States Magistrate Judge
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