Muccular v. Walkup Melodia Kelly & Schoenberger

Filing 69

ORDER DENYING MOTION FOR SUMMARY JUDGMENT WITHOUT PREJUDICE AND VACATING HEARING by Hon. William Alsup denying 37 Motion for Summary Judgment.(whalc1, COURT STAFF) (Filed on 8/6/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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RYAN MUCCULAR,

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For the Northern District of California

United States District Court

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No. C 12-05073 WHA

Plaintiff,
v.

ORDER DENYING MOTION
FOR SUMMARY JUDGMENT
WITHOUT PREJUDICE AND
VACATING HEARING

WALKUP, MELODIA, KELLY &
SCHOENBERGER,
Defendant.

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In this employment discrimination action, defendant moves for summary judgment.

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Plaintiff responds that the motion should be denied as premature because discovery is

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incomplete. This order agrees.

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Defendant contends that plaintiff is unable to produce “the admissible evidence that her

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burden [on summary judgment] requires” (Reply 2). Plaintiff points out, however, that she has

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not yet taken the deposition of three witnesses who provided declarations in support of

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defendant’s motion — including plaintiff’s former supervisor — and that both parties have

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unresolved disputes regarding document production. Indeed, defendant recently filed a motion

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to compel production of allegedly withheld documents (which has since been referred to

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Magistrate Judge Cousins, along with the parties’ other discovery disputes (Dkt. Nos. 61, 64,

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67)).

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Defendant’s objection that plaintiff “has had plenty of time to conduct whatever
discovery she deems appropriate” is unpersuasive. By filing the motion to compel after the

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motion for summary judgment, defendant concedes that significant discovery work remains to be

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done. There is also plenty of time remaining to take any necessary depositions and to resolve the

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parties’ discovery disputes. The fact discovery cutoff in this action is September 27, nearly two

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months from now (Dkt. No. 12 at 1).

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Defendant’s motion for summary judgment is DENIED WITHOUT PREJUDICE. The
September 5 hearing is VACATED.

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IT IS SO ORDERED.

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Dated: August 5, 2013.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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