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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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 9 NORMAN YOSHIMOTO, 11 For the Northern District of California United States District Court 10 Plaintiff, Related cases: No. C 10-5438 PJH No. C 11-3119 PJH v. 12 O'REILLY AUTOMOTIVE, INC., et al., 13 ORDER RE ADMINISTRATIVE MOTION TO ISSUE NEW SCHEDULING ORDER Defendants. _______________________________/ 14 15 Before the court is defendant’s administrative motion to issue a new scheduling 16 order amending the expert disclosure and expert cutoff dates. Defendant brings this 17 motion because it missed the December 21, 2012 deadline for expert disclosures “[d]ue 18 purely to an inadvertent clerical error.” Plaintiff opposes the motion, noting that defendant 19 waited over one month to bring this error to the court’s attention. 20 The court agrees that defendant, after realizing its error, should have filed its motion 21 as soon as was reasonably possible. Defendant has not explained why it waited until 22 January 29, 2013 to seek relief from the court. However, the court also notes that plaintiff 23 has made his own untimely attempt to seek additional discovery. See Dkt. 104. Because 24 trial is not scheduled to begin until March 2014, it may be appropriate for the parties to 25 conduct additional discovery between now and then. However, because defendant is in the 26 process of filing a summary judgment motion, which may narrow the scope of issues for 27 trial, the court defers judgment on the parties’ requests for additional discovery. After the 28 court rules on defendant’s summary judgment motion, it will revisit the issue of what (if any) 1 additional discovery is needed. 2 3 IT IS SO ORDERED. 4 Dated: February 12, 2013 5 ______________________________ PHYLLIS J. HAMILTON United States District Judge 6 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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