Batts v. County of Santa Clara

Filing 232

ORDER overruling 190 defendants' objection to plaintiff's belated discovery motions. Signed by Magistrate Judge Howard R. Lloyd on 3/1/2010. (hrllc2, COURT STAFF) (Filed on 3/1/2010)

1 2 3 4 5 6 7 8 9 10 NOT FOR CITATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION LAILA BATTS, Plaintiff, v. COUNTY OF SANTA CLARA, PETER CRANDALL, CHRISTINA ARQUERO, and DOES 3-20, Defendants. / No. C08-00286 JW (HRL) ORDER OVERRULING DEFENDANTS' OBJECTION TO PLAINTIFF'S BELATED DISCOVERY MOTIONS [Re: Docket No. 190] *E-FILED 03-01-2010*

United States District Court

11
For the Northern District of California

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On February 10, 2010, plaintiff filed two motions to compel discovery (Docket Nos. 184, 185) and noticed them for a March 23, 2010 hearing before this court. In view of the February 1, 2010 discovery cutoff (see Docket No. 136), defendants correctly note that plaintiff's discovery motions were filed two days too late. See Civ. L.R. 26-2. Plaintiff has not responded to defendants' objection, and this court finds no good cause for the delay. Nevertheless, in view of the relatively short delay, and weighing legitimate interests against possible prejudice, this court will exercise its discretion to accept plaintiff's untimely motions. Briefing shall proceed in accordance with a normal 35-day calendar under the court's Civil Local Rules. SO ORDERED. Dated: March 1, 2010 HOWARD R. LLOYD

UNITED STATES MAGISTRATE JUDGE

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5:08-cv-00286-JW Notice has been electronically mailed to: Aryn Paige Harris [e-mail], [e-mail] Gregory Joseph Sebastinelli [e-mail], [e-mail] Jeremy L. Friedman [e-mail] Counsel are responsible for distributing copies of this document to co-counsel who have not registered for e-filing under the court's CM/ECF program.

United States District Court

11
For the Northern District of California

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