Guenther v. Lockheed Martin Corporation et al

Filing 62

ORDER by Magistrate Judge Howard R. Lloyd re 60 Discovery Dispute Joint Report #1. Plaintiff's request to compel discovery denied without prejudice. (hrllc2, COURT STAFF) (Filed on 7/15/2013)

1
2

*E-FILED: July 15, 2013*

3
4
5
6
NOT FOR CITATION

8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

10

SAN JOSE DIVISION

11
For the Northern District of California

United States District Court

7

12
13
14

No. C11-00380 EJD (HRL)

CHARLES GUENTHER,

ORDER RE DISCOVERY DISPUTE
JOINT REPORT #1

Plaintiff,
v.

16
17

[Re: Docket No. 60]

LOCKHEED MARTIN CORPORATION;
LOCKHEED MARTIN CORPORATION
RETIREMENT PLAN FOR CERTAIN
SALARIED EMPLOYEES; and DOES 1
through 30,
Defendants.

15

/
18
19

In Discovery Dispute Joint Report (DDJR) #1, plaintiff seeks an order compelling

20

defendants to respond to his requests for documents and for Fed. R. Civ. P. 30(b)(6)

21

depositions. There is, however, a threshold issue whether discovery should be allowed at all in

22

this case. Generally, that is a decision for the presiding judge to make. Moreover, in this case

23

that issue apparently turns on the parties’ disagreement over the proper standard of review of

24

plaintiff’s claims. This court is told that defendants have a pending summary judgment motion

25

addressing that issue. Accordingly, plaintiff’s request to compel discovery is denied as

26

premature. The denial is without prejudice, depending on what the presiding judge decides.

27
28

SO ORDERED.
Dated: July 15, 2013
HOWARD R. LLOYD
UNITED STATES MAGISTRATE JUDGE

1

5:11-cv-00380-EJD Notice has been electronically mailed to:

2
3

Andrew Field Pierce [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail],
[e-mail]

4

Benjamin P Quest

5

Clarissa A. Kang [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail]

6
7
8

[e-mail]

R. Bradford Huss [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail],
[e-mail]

9

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2