Marshall et al v. John Huffman IV, Real Content Media Group et al
Filing
192
ORDER DENYING PLAINTIFF'S MOTION FOR EXTENSION OF DISCOVERY CUT-OFF 190 (Illston, Susan) (Filed on 7/12/2013)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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PRESTON D. MARSHALL,
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United States District Court
For the Northern District of California
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No. C 10-1665 SI
Plaintiff,
ORDER DENYING PLAINTIFF’S
MOTION FOR EXTENSION OF
DISCOVERY CUT-OFF
v.
JOHN HUFFMAN IV, et al.,
Defendants.
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The parties have filed a letter brief concerning a dispute over scheduling the deposition of Carlos
McKinney. Docket No. 190.
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Plaintiff’s counsel state that they are unable to attend Mr. McKinney’s deposition, which is
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scheduled for July 16, 2013 in New York, because lead counsel has “travel obligations” and another
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lawyer has “appellate case deadlines that preclude his attendance.” Docket No. 190 at 2. Plaintiff
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requests a one month extension of the discovery cut-off in order to reschedule Mr. McKinney’s
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deposition to August.
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Defendant Nash, who noticed Mr. McKinney’s deposition, objects to an extension on numerous
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grounds. Defendant notes that this case has been pending for three years and that plaintiff has already
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received one extension of the discovery cut-off. Defendant also states that defense counsel is not
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available in August, and that there is no assurance that Mr. McKinney is available in August.
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The Court finds that plaintiff has not established good cause for an extension of the discovery
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cut-off. Plaintiff has had ample time to take discovery and to work with defense counsel to schedule
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depositions. Further, it is not clear that an extension of the deadline would resolve the issue. If
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plaintiff’s counsel cannot attend Mr. McKinney’s deposition in person they may participate by
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telephone or video conference.
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IT IS SO ORDERED.
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Dated: July 12, 2013
SUSAN ILLSTON
United States District Judge
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United States District Court
For the Northern District of California
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