Daniellle Parker v. Comcast Cable Communications Management, LLC et al

Filing 49

ORDER by Judge Kandis A. Westmore denying Plaintiff's 48 4/11/2017 Discovery Letter Brief as untimely. (kawlc1, COURT STAFF) (Filed on 4/14/2017)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 DANIELLE PARKER, 7 Plaintiff, v. 8 9 COMCAST CABLE COMMUNICATIONS MANAGEMENT, LLC, 10 Case No. 3:15-cv-05673-TEH (KAW) ORDER DENYING PLAINTIFF'S REQUEST TO FILE A UNILATERAL JOINT LETTER Re: Dkt. No. 48 Defendant. United States District Court Northern District of California 11 On April 11, 2017, Plaintiff Danielle Parker filed a request to file unilateral letters 12 13 regarding her unidentified “discovery disputes.” (Dkt. No. 48.) The Court notes that the fact 14 discovery cut-off was April 3, 2017, so April 10, 2017 was the last date a discovery dispute could 15 be timely filed. See Civil L.R. 37-3 (“Where the Court has set separate deadlines for fact and 16 expert discovery, no motions to compel fact discovery may be filed more than 7 days after the fact 17 discovery cut-off. . . .”).1 Thus, Plaintiff’s request is DENIED as untimely. The undersigned acknowledges that the parties have briefed Plaintiff’s request to extend 18 19 the discovery cut-off before the presiding judge.2 Should the district court extend the deadline to 20 complete fact discovery, the parties may then file joint letters, in accordance with the 21 undersigned’s standing order, so long as the extension includes the discovery devices at issue. IT IS SO ORDERED. 22 23 Dated: April 14, 2017 24 __________________________________ KANDIS A. WESTMORE United States Magistrate Judge 25 1 26 27 28 Discovery disputes between the parties, including motions to compel, must be addressed by joint letter rather than by formal discovery motion. (Judge Westmore’s Standing Order ¶ 13.) Thus, Civil Local Rule 37-3 applies to joint discovery letters. 2 The Court notes that the briefing also addresses Plaintiff’s representation that the 300 pages of documents were not produced until April 3, 2017, while Defendant contends that they were first produced in January. (See Dkt. Nos. 46 & 47.)

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