Gomelsky v. Apple, Inc.
ORDER by Judge Patricia V. Trumbull re 76 Motion for Administrative Relief (pvtlc1) (Filed on 5/18/2010)
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 The holding of this court is limited to the facts and the particular circumstances underlying the present motion. OR D E R, page 1
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
GIORGIO GOMELSKY, et al.,
) ) Plaintiffs, ) ) v. ) ) APPLE, INC., ) ) Defendant. ) ___________________________________ )
Case No.: C 08-4969 JF (PVT) ORDER RE -PLAINTIFFS' MOTION FOR AD M IN IST R A T IV E RELIEF (Re: Docket No. 76)
On April 22, 2010, Plaintiffs filed a Motion for Administrative Relief.1 Based on the briefs and arguments presented, IT IS HEREBY ORDERED that Plaintiffs' motion is DENIED as MOOT because, based on the docket herein, it appear that discovery in this action opened on or before July 31, 2009, no stay of discovery appears to have been entered, and no discovery cut-off date has yet been set. Pursuant to Federal Rules of Civil Procedure 26(d)(1), discovery is generally stayed until the parties have conferred as required by Rule 26(f). On July 31, 2009, the parties filed a Joint Case Management Conference Statement in which they presented their proposed discovery plan pursuant to Rule 26(f). Thus, it appears that the stay of Rule 26(d)(1) expired no later than July 31, 2009.
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No order staying discovery appears in the docket of this matter. Nor is there any order in the docket setting any discovery cutoff. Thus, it appears discovery is currently open. IT IS FURTHER ORDERED that, if Plaintiffs believe there has been a court order staying discovery, Plaintiffs may renew this motion. Any such motion must comply with Civil Local Rule 7-2(a), and, if shortened time is necessary, Civil Local Rule 6. Dated: 5/18/10 PATRICIA V. TRUMBULL United States Magistrate Judge
OR D E R, page 2
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