Prutsman v. Rust Consulting, Inc et al

Filing 36

ORDER by Judge Hamilton denying 30 Motion to Shorten Time and resetting hearing dates (pjhlc2, COURT STAFF) (Filed on 2/12/2013)

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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 6 JAMES R. PRUTSMAN, 7 8 9 v. RUST CONSULTING, INC., et al., No. C 12-6448 PJH ORDER DENYING MOTION TO SHORTEN TIME AND RESETTING HEARING DATES Defendants. _______________________________/ 11 For the Northern District of California United States District Court 10 Plaintiff, 12 Before the court is defendants’ motion to shorten the time for briefing and hearing of 13 their motion for leave to conduct jurisdictional discovery. Defendants argue that the current 14 schedule will prejudice defendants, because their motion for jurisdictional discovery is not 15 scheduled to be heard until March 6, 2013, which is one week after the court is scheduled 16 to hear plaintiff’s motion to remand. Defendants argue that the motion to remand may 17 render moot the motion for jurisdictional discovery. Plaintiff opposes the motion, arguing 18 that the discovery sought is irrelevant, and further pointing to defendants’ own delay in 19 bringing their motion for jurisdictional discovery. 20 The court does agree with defendants that plaintiff’s motion to remand should not be 21 heard before defendants’ motion for leave to conduct jurisdictional discovery. Instead, 22 because both motions involve related issues, the court will hear them both (along with 23 defendants’ motion to dismiss) on March 20, 2013. Defendants’ jurisdictional discovery 24 motion shall be briefed in accordance with the district’s standard schedule. If the court 25 finds that jurisdictional discovery is warranted, it will defer judgment on plaintiff’s motion to 26 remand, and will order supplemental briefing so that the parties can address the evidence 27 obtained through discovery. 28 1 2 IT IS SO ORDERED. Dated: February 12, 2013 ______________________________ PHYLLIS J. HAMILTON United States District Judge 3 4 5 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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