Brahmana v. Lembo et al

Filing 107

INTERIM ORDER re 86 Defendants' Motion to Compel. Signed by Judge Patricia V. Trumbull on 10/20/09. (pvtlc1) (Filed on 10/21/2009)

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 The holding of this court is limited to the facts and the particular circumstances underlying the present motion. OR D E R, page 1
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

METTEYYA BRAHMANA,

) ) Plaintiff, ) ) v. ) ) PHILIP CHARLES LEMBO, et al., ) ) Defendants. ) ___________________________________ )

Case No.: C 09-0106 RMW (PVT) INTERIM ORDER RE DEFENDANTS' MO TIO N TO COMPEL

On September 18, 2009, Defendants filed a motion to compel discovery responses.1 Plaintiff opposed the motion. Having reviewed the papers submitted by the parties, the court finds it appropriate to issue this interim order. Based on the moving, opposition and reply papers submitted, IT IS HEREBY ORDERED that the hearing on Defendants' motion to compel is CONTINUED to December 1, 2009. It appears from the opposition and reply briefs that Plaintiff responded to the discovery requests after Defendants filed the instant motion, but that Defendants believe the responses are incomplete. IT IS FURTHER ORDERED that, no later than November 3, 2009, the parties shall meet and confer regarding the adequacy of the discovery responses Plaintiff served after Defendants filed their

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motion to compel. IT IS FURTHER ORDERED that, no later than November 10, 2009, Defendants shall file a supplemental brief setting forth their position with regard to any discovery requests that remain in dispute after the parties' meet and confer. The supplemental brief shall set forth in full each discovery request that remains in dispute, followed by Plaintiff's response, followed by Defendants' argument regarding why the discovery should be compelled. See CIVIL L.R. 37-2. IT IS FURTHER ORDERED that, no later than November 24, 2009, Plaintiff shall file a supplemental brief responding to Defendants' positions regarding the discovery requests that remain in dispute. Dated: 10/20/09 PATRICIA V. TRUMBULL United States Magistrate Judge

OR D E R, page 2

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 OR D E R, page 3 /s/ Donna Kirchner CORINNE LEW Courtroom Deputy for copies mailed on 10/21/09 to: Counsel automatically notified of this filing via the court's Electronic Case Filing system.

Metteyya Brahmana 2636 17th Avenue Box 79 Santa Cruz, CA 95062