Stivers v. RadioShack Corporation

Filing 38

Order by Chief Magistrate Judge Elizabeth D. Laporte denying 35 Motion to Shorten Time.(knm, COURT STAFF) (Filed on 7/31/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JEFF STIVERS,
Plaintiff,

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United States District Court
For the Northern District of California

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No. C -12-04228 EDL
ORDER DENYING PLAINTIFF’S
MOTION TO SHORTEN TIME;
DENYING REQUEST TO EXTEND
DEADLINE FOR SERVICE; AND
ORDERING MEDIATION TO TAKE
PLACE AS SCHEDULED

v.
RADIOSHACK CORPORATION,
Defendant.

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On July 22, 2013, Plaintiff filed a motion to compel responses to requests for production of

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documents, which was set for hearing on August 27, 2013. On July 23, 2013, Plaintiff filed a

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motion to shorten time to hear the motion to compel prior to the court-ordered mediation on August

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7, 2013. On July 29, 2013, Defendant filed an opposition to Plaintiff’s motion to shorten time.

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Plaintiff has not shown good cause to shorten time. Further, Plaintiff already has the

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documents, the lease agreements, that appear to be the most relevant to this dispute. Although

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Plaintiff states that the bottoms of some documents are cut off, the pages are legible and contain

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relevant information such as the identity the leased property and the signatories to the agreements.

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Thus, Plaintiff’s motion to shorten time is denied. Plaintiff’s motion to compel will be heard on

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August 27, 2013 as currently scheduled.

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Plaintiff requests that the Court extend that deadline for service of any landlord/operator

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until after the August 7, 2013 mediation. The Court has already extended the deadline for service

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once, and Plaintiff has failed to show good cause for a further modification of the case management

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order. Therefore, Plaintiff’s request to extend the deadline for service is denied. The Court

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reiterates its June 11, 2013 Order extending the time for service of Ms. Connard and requiring
Plaintiff to file a proof of service or dismissal by August 1, 2013.

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The mediation in this case shall take place as scheduled on August 7, 2013. Defendant has

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not made a proper request to continue it, and would have had to show good cause to change the

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mediation schedule.

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IT IS SO ORDERED.

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Dated: July 31, 2013
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ELIZABETH D. LAPORTE
United States Chief Magistrate Judge

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United States District Court
For the Northern District of California

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