Dominguez et al v. Excel Manufacturing Co Inc

Filing 37

ORDER re 36 Letter filed by Excel Manufacturing Co Inc, 33 Letter filed by Juan Dominguez, Juana Dominguez. Signed by Judge Laporte on 8/12/10. (edllc1, COURT STAFF) (Filed on 8/12/2010)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JUAN and JUANA DOMINGUEZ, Plaintiff, v. EXCEL MANUFACTURING, INC., Defendant. / No. 09-3611 EDL ORDER CONTINUING FACT DISCOVERY CUTOFF AND DISPOSITIVE MOTION DEADLINE IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

This is a personal injury action against a machine manufacturer relating to serious injuries sustained by Plaintiff during his use of a "horizontal baler" machine" in the course of his employment. In its Case Management Order, the Court set a fact discovery cutoff of August 10, 2010. On August 9, 2010, Plaintiff filed a letter requesting a 30 day extension of the fact discovery cutoff because: (1) Plaintiff noticed Defendant's deposition for August 9, but Defendant asked to reschedule; and (2) third-party discovery relating to photographs by CAL-OSHA and Pleasant Paper photographs has not been completed, though Plaintiff believed that the photographs in question were in Defendant's possession. Defendant responded by letter on August 10, stating that it has no objection to extending time for discovery of the photographs. Defendant noted that it attached three photographs it received from CAL-OSHA to its settlement conference statement (though it is unclear if this statement and the attached photos were provided to Plaintiff), and that has not received any photographs from Pleasant Paper in response to a subpoena and person most knowledgeable deposition notice. Defendant also stated that it will produce its corporate designee on a mutually agreeable date, and that the unfinished depositions of Plaintiff and his wife will also continue on a mutually agreeable date. It appears that both parties have not completed fact discovery prior to the cutoff, and are in agreement that an extension is needed to obtain the discovery discussed above. Good cause

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

appearing, the Court hereby Orders as follows: · The fact discovery cutoff is continued from August 11 to September 10, 2010 for the limited purpose of completing the depositions of Plaintiff and his wife and Defendant's corporate designee, and attempting to obtain the photographs sought from CAL-OSHA and Pleasant Paper; · If it has not already done so, Defendant is ordered to produce the photographs it received from CAL-OSHA; · The last day for hearing dispositive motions is continued from October 5 to October 26, 2010. All other dates set forth in the Case Management Order, as modified by the June 11, 2010 Order, remain in place.

IT IS SO ORDERED.

Dated: August 12, 2010 ELIZABETH D. LAPORTE United States Magistrate Judge

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