Naser v. Metropolitan Life Insurance Company et al

Filing 68

DISCOVERY ORDER by Magistrate Judge Howard R. Lloyd on (67) Discovery Letter Brief in case 5:10-cv-04475-EJD. (hrllc1, COURT STAFF) (Filed on 11/15/2012)

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*E-FILED: November 15, 2012* 1 2 3 4 5 6 NOT FOR CITATION 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION For the Northern District of California United States District Court 10 LOAY S. NASER, Plaintiff, 11 No. C10-04475 EJD (HRL) DISCOVERY ORDER v. 12 13 METROPOLITAN LIFE INSURANCE COMPANY, ET AL., 14 Defendants. ____________________________________/ 15 In this employment suit plaintiff Loay S. Naser (“Naser”) seeks relief against defendants 16 Metropolitan Life Insurance Company, MetLife Enterprise General Insurance Agency, Inc., and 17 MetLife Securities (collectively “MetLife”) for an array of employment claims. Plaintiff has 18 submitted a series of letters requesting an extension on the deadline for filing a motion to compel 19 over its 4th Request for Production. Plaintiff seeks production of emails from Plaintiff’s computer 20 21 during his employment. Plaintiff first asked the Court to extend the filing deadline from November 6, 2012 to one 22 week after receipt of the emails. Defendants did not object to this initial request for an extension. 23 24 According to Plaintiff’s first letter (Dkt. 65), Defendants had proposed that they would test search terms to narrow the production by November 9 (Dkt. 67), and that November 16 would be an 25 appropriate filing deadline. The Court extended the deadline for filing a Discovery Dispute Joint 26 27 Report (“DDJR”) to November 16 on the basis that Defendants were working on production and that the parties felt that any submission would have been premature if filed by the initial deadline. 28 According to Plaintiff’s most recent letter, submitted at 8:40 p.m. on November 14, he has 1 2 yet to receive any responsive emails (Dkt. 67). Plaintiff asks the Court for another extension to file 3 a motion to compel, and for an extension on the deadline set for filing motions for summary 4 judgment, which is November 23, 2012. noticed discovery motions, like a motion to compel. See this Court’s “Standing Order re: Civil 7 Discovery Disputes.” 1 The Court is also not in a position to extend deadlines set by the District 8 Court Judge in this Case, such as the deadline for filing motions for summary judgment. The Court 9 does recognize, however, that a discovery dispute has arisen. The Court does not see a reason for 10 For the Northern District of California As a threshold matter, the parties are reminded that the Court does not entertain formal 6 United States District Court 5 extending the deadline beyond November 16 for submitting a DDJR on this dispute, however. The 11 parties may submit a DDJR on the subject of Plaintiff’s 4th Request for Production, no later than 12 November 16, 2012. IT IS SO ORDERED. 13 14 Dated: November 15, 2012 15 HOWARD R. LLOYD UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 1 28 The parties may obtain copies of all of Judge Lloyd’s standing orders from the clerk of the court, or from Judge Lloyd’s page on the court’s website (www.cand.uscourts.gov). 2 1 C10-04475 EJD (HRL) Order will be electronically mailed to: 2 Barbara Giuffre: Barbara@igc.org 3 Caroline Donelan: caroline.donelan@dlapiper.com 4 Elliot Schlesinger Katz: elliot.katz@dlapiper.com, sandra.sowell@dlapiper.com 5 Ethan G. Zelizer: ethan.zelizer@dlapiper.com, docketingchicago@dlapiper.com 6 Richard B. Glickman: glickmanlawcorp@yahoo.com 7 8 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. 9 For the Northern District of California United States District Court 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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