Advanced Microtherm, Inc. v. Norman Wright Mechanical Equipment Corporation et al

Filing 882

INTERIM ORDER re 844 Plaintiff's Motion to Compel Defendants' Continuing Discovery Responses Under FRCP Rule 26. Signed by Judge Patricia V. Trumbull on 1/27/09. (pvtlc1) (Filed on 1/27/2009)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ADVANCED MICROTHERM, INC., et al., ) ) Plaintiffs, ) ) v. ) ) NORMAN WRIGHT MECHANICAL ) EQUIP. CORP., et al., ) ) Defendants. ) ___________________________________ ) Case No.: C 04-2266 JW (PVT) INTERIM ORDER RE PLAINTIFFS' MO TIO N TO COMPEL DEFENDANTS' CO N TIN U IN G DISCOVERY RESPONSES UN D ER F.R.C.P. RULE 26 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

On January 6, 2009, Plaintiffs filed a motion to shorten time for hearing a motion to compel Defendants continuing discovery responses under F.R.C.P. Rule 26. Plaintiffs has originally filed a motion to compel such supplementation in May of 2008. In the motion to shorten time, Plaintiffs set forth additional items for which they sought supplementation, as well as a request to compel Defendants to provide a privilege log. The court granted the motion to shorten time and set deadlines for the filing of oppositions and replies, and a date and time for the hearing. It appears that Defendant Norman Wright Mechanical Equipment Corporation ("Norman Wright") filed an opposition that addressed the issues in Plaintiffs' original motion and not the issues in Plaintiffs' more recent brief. Therefore, IT IS HEREBY ORDERED that the hearing on Plaintiffs' motion for continuing discovery responses is continued to February 24, 2009. Defendant Norman Wright may file a supplemental OR D E R, page 1

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opposition no later than February 9, 2009. Plaintiffs may file a supplemental reply no later than February 13, 2009. Dated: 1/27/09 PATRICIA V. TRUMBULL United States Magistrate Judge

OR D E R, page 2