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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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 PRESTON D. MARSHALL, 9 United States District Court For the Northern District of California 10 11 12 No. C 10-1665 SI Plaintiff, ORDER DENYING PLAINTIFF’S MOTION FOR EXTENSION OF DISCOVERY CUT-OFF v. JOHN HUFFMAN IV, et al., Defendants. 13 / 14 15 16 The parties have filed a letter brief concerning a dispute over scheduling the deposition of Carlos McKinney. Docket No. 190. 17 Plaintiff’s counsel state that they are unable to attend Mr. McKinney’s deposition, which is 18 scheduled for July 16, 2013 in New York, because lead counsel has “travel obligations” and another 19 lawyer has “appellate case deadlines that preclude his attendance.” Docket No. 190 at 2. Plaintiff 20 requests a one month extension of the discovery cut-off in order to reschedule Mr. McKinney’s 21 deposition to August. 22 Defendant Nash, who noticed Mr. McKinney’s deposition, objects to an extension on numerous 23 grounds. Defendant notes that this case has been pending for three years and that plaintiff has already 24 received one extension of the discovery cut-off. Defendant also states that defense counsel is not 25 available in August, and that there is no assurance that Mr. McKinney is available in August. 26 The Court finds that plaintiff has not established good cause for an extension of the discovery 27 cut-off. Plaintiff has had ample time to take discovery and to work with defense counsel to schedule 28 depositions. Further, it is not clear that an extension of the deadline would resolve the issue. If 1 plaintiff’s counsel cannot attend Mr. McKinney’s deposition in person they may participate by 2 telephone or video conference. 3 4 IT IS SO ORDERED. 5 6 Dated: July 12, 2013 SUSAN ILLSTON United States District Judge 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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