Gutierrez v. Kenneth Cole Productions, Inc.

Filing 32

ORDER DENYING REQUEST TO CONTINUE DISCOVERY CUTOFF by Hon. William Alsup denying 31 Stipulation.(whalc1, COURT STAFF) (Filed on 2/25/2016)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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CYNTHIA GUTIERREZ,

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For the Northern District of California

United States District Court

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No. C 15-00129 WHA

Plaintiff,
v.
KENNETH COLE PRODUCTIONS, INC.,
and DOES 1 through 20, inclusive,

ORDER DENYING
REQUEST TO CONTINUE
DISCOVERY CUTOFF

Defendant.
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Judge Samuel Conti set the discovery cutoff for January 8, 2016, and referred the action

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to Judge Joseph C. Spero for discovery purposes (Dkt. Nos. 12, 16). The action was reassigned

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to the undersigned judge in November 2015, and scheduled for a further case management

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conference. In the parties’ joint case management statement, plaintiff requested a discovery

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cutoff date of February 12, while defendant asked for May 13. An order set the discovery

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cutoff and the deadline to designate expert testimony as April 29.

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The parties have filed a stipulation requesting to extend the discovery cutoff and the

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deadline to designate expert testimony to May 27 (Dkt. No. 31). They cite the fact that plaintiff

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will not be able to depose certain witnesses until the beginning of April and concerns that she

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may not have time to resolve any discovery disputes following those depositions before the

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cutoff. Additionally, the parties note that defendant is still producing documents and would

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find an extension “helpful,” but fail to explain why defendant cannot complete production
before the cutoff.

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There is no good cause to extend the fact discovery cutoff for all purposes by a full

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month. The parties’ request is hereby DENIED. This is without prejudice to a more modest

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request that extends the deadlines for the limited purpose identified in the stipulation (or other

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limited purposes supported by good cause). Such a request should also show good cause for

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extending the deadline to designate expert testimony and disclose expert reports.

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Any relief relating to the scheduling of the settlement conference should be directed at
Judge Laurel Beeler.

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IT IS SO ORDERED.

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For the Northern District of California

United States District Court

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Dated: February 25, 2016.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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