Yoshimoto v. O'Reilly Automotive, Inc. et al

Filing 112

ORDER by Judge Hamilton deferring ruling on (108) Ex Parte Application in case 4:10-cv-05438-PJH; deferring ruling on (71) Ex Parte Application in case 4:11-cv-03119-PJH (pjhlc2, COURT STAFF) (Filed on 2/12/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NORMAN YOSHIMOTO,

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For the Northern District of California

United States District Court

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Plaintiff,

Related cases:
No. C 10-5438 PJH
No. C 11-3119 PJH

v.

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O'REILLY AUTOMOTIVE, INC., et al.,

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ORDER RE ADMINISTRATIVE
MOTION TO ISSUE NEW
SCHEDULING ORDER

Defendants.
_______________________________/

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Before the court is defendant’s administrative motion to issue a new scheduling

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order amending the expert disclosure and expert cutoff dates. Defendant brings this

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motion because it missed the December 21, 2012 deadline for expert disclosures “[d]ue

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purely to an inadvertent clerical error.” Plaintiff opposes the motion, noting that defendant

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waited over one month to bring this error to the court’s attention.

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The court agrees that defendant, after realizing its error, should have filed its motion

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as soon as was reasonably possible. Defendant has not explained why it waited until

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January 29, 2013 to seek relief from the court. However, the court also notes that plaintiff

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has made his own untimely attempt to seek additional discovery. See Dkt. 104. Because

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trial is not scheduled to begin until March 2014, it may be appropriate for the parties to

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conduct additional discovery between now and then. However, because defendant is in the

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process of filing a summary judgment motion, which may narrow the scope of issues for

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trial, the court defers judgment on the parties’ requests for additional discovery. After the

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court rules on defendant’s summary judgment motion, it will revisit the issue of what (if any)

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additional discovery is needed.

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IT IS SO ORDERED.

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Dated: February 12, 2013
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______________________________
PHYLLIS J. HAMILTON
United States District Judge

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For the Northern District of California

United States District Court

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