Schaffner v. Crown Equipment Corporation

Filing 159

DISCOVERY ORDER re 154 Joint Letter Brief filed by Northwest Handling Systems, Inc., Frank Schaffner. Motion DENIED as untimely. Signed by Judge Joseph C. Spero on 12/13/11. (klhS, COURT STAFF) (Filed on 12/13/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FRANK SCHAFFNER,

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DISCOVERY ORDER [Docket 154]

v.

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For the Northern District of California

United States District Court

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Plaintiff(s),

No. C 09-00284 SBA (JCS)

CROWN EQUIPMENT CORPORATION,

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Defendant(s).
__________________________________/

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On December 5, 2011, Plaintiff Frank Schaffner and Defendant Northwest Handling Systems

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filed a Joint Letter regarding Plaintiff’s First Set of Requests for Production of Documents,

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Defendant’s Second Set of Special Interrogatories, and Defendant’s First Set of Requests for

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Production of Documents (the “Motion”). The Court finds the Motion appropriate for decision

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without oral argument.

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Non-expert discovery in this case closed on November 18, 2011. Under Local Rule 37-3, all

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discovery motions on non-expert discovery were therefore due by November 25, 2011. Plaintiff did

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not submit his portion of the Joint Letter to Defendant until November 28, 2011, and despite

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receiving Defendant’s response on December 1, 2011, did not submit the Joint Letter until

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December 5, 2011, ten (10) days past the deadline for discovery motions. This is particularly

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inexcusable when, as here, the parties met and conferred in September, and Plaintiff raised the issues

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again in early November.

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Accordingly, the Motion is DENIED as untimely.

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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: December 13, 2011
JOSEPH C. SPERO
United States Magistrate Judge