Pete v. City of Oakland et al

Filing 71

ORDER DENYING PLAINTIFF'S REQUEST TO EXTEND DEADLINES re 70 Letter filed by Geoffrey Pete. Signed by Judge Alsup on December 10, 2010. (whalc1, COURT STAFF) (Filed on 12/10/2010)

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Pete v. City of Oakland et al Doc. 71 1 2 3 4 5 6 7 8 9 10 GEOFFREY PETE, Plaintiff, v. CITY OF OAKLAND, a Municipal Corporation, KYLE THOMAS, MIKE MORSE, DAVID KOZICKI, and PEDRO ESPINOZA, individually and in their capacity as Police Officers/Administrators of the Oakland Police Department, DOWNTOWN REALTY COMPANY, INC., and DOES 3­100, Defendants. / ORDER DENYING PLAINTIFF'S REQUEST TO EXTEND DEADLINES No. C 09-06097 WHA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On December 8, 2010, plaintiff filed a letter requesting that the deadline for the close of discovery and expert disclosure be extended from December 31, 2010 to February 28, 2011. Plaintiff explained that mediation could not be scheduled before January 11 -- after the current discovery deadline -- and that, as a result, the costly discovery phase of the litigation "may be pursued needlessly" unless the deadline is extended. Plaintiff represented that an impromptu meet-and-confer was conducted on this proposal, at which "[c]ounsel for defendants were not amenable to Plaintiff's proposal." Plaintiff's request is DENIED. Although it is regrettable that resources may be consumed unnecessarily by discovery, that is a risk plaintiff assumed when he filed this action. The extension plaintiff requests would impact the procedural schedule and trial date in this action. Litigation, however, must proceed in a timely fashion regardless of any attempts at alternative Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 dispute resolution that the parties may or may not be pursuing in parallel to the court action. If plaintiff is particularly eager to avoid the costs of litigation, he is encouraged to redouble his efforts at reasonably settling his case. IT IS SO ORDERED. Dated: December 10, 2010. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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