Kennedy v. Jackson National Life Insurance Company et al

Filing 277

DISCOVERY ORDER re 275 Letter Brief, filed by Janice Kennedy, 276 Letter Brief filed by Jackson National Life Insurance Company. Signed by Judge Maria-Elena James on 9/21/2010. (mejlc1, COURT STAFF) (Filed on 9/21/2010)

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Kennedy v. Jackson National Life Insurance Company et al Doc. 277 1 2 3 4 5 6 7 8 9 10 11 UNITED UNITED STATES DISTRICT COURT 12 For the Northern District of California UNITED STATES DISTRICT COURT Northern District of California JANICE KENNEDY, Individually, and on Behalf of Herself and All Others Similarly Situated, v. Plaintiff, No. C-07-0371 CW (MEJ) DISCOVERY ORDER RE: DKT ##275, 276 JACKSON NATIONAL LIFE INSURANCE COMPANY, a Michigan corporation, Defendant. _____________________________________/ The Court is in receipt of Plaintiff's discovery letter, filed on September 8, 2010 (Dkt. #275), and Defendant's response thereto, filed on September 10, 2010 (Dkt. #276). Plaintiff seeks to compel production of certain documents in response to document request numbers 57 and 59-61 of Plaintiff's Fifth Request for Production of Documents. (Dkt. #275 at 3; Ex. A.) In response, Defendant contends, among other things, that Plaintiff's request is untimely because it was not filed within the express time limits proscribed by Civil Local Rule 37-3, requiring all motions to compel discovery to be filed no later than 7 days after the discovery cut-off. (Dkt. #276 at 1.) The Court agrees. As the Honorable Claudia Wilken, the presiding judge in this matter, established a discovery cut-off of April 15, 2010, (See Dkt. #142), the undersigned finds that Defendant's request is untimely. Accordingly, the motion is DENIED WITHOUT PREJUDICE to Defendant seeking leave from Judge Wilken to extend the discovery cut-off. IT IS SO ORDERED. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: September 21, 2010 _______________________________ Maria-Elena James Chief United States Magistrate Judge

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