Dominion Assets LLC v. Masimo Corporation et al

Filing 100

Discovery Order re: 99 Joint Discovery Letter Brief. Signed by Judge Maria-Elena James on 9/12/2017. (mejlc2S, COURT STAFF) (Filed on 9/12/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DOMINION ASSETS LLC,

Case No. 14-cv-03002-BLF (MEJ)

Plaintiff,
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DISCOVERY ORDER

v.

Re: Dkt. No. 99

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MASIMO CORPORATION, et al.,
Defendants.

United States District Court
Northern District of California

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The parties have filed a joint discovery letter regarding Plaintiff Dominion Assets LLC’s

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deposition of James Brasch, nearly two years after discovery closed on October 30, 2015. Jt. Ltr.,

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Dkt. No. 99; see Dkt. No. 58 ¶ 8 & Attachment A (listing Stipulated discovery cut off); see also Jt.

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Case Management Statement at 1 (“Discovery has concluded and Defendants’ motion for

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summary judgment is currently pending”), Dkt. No. 88. The Presiding Judge, the Honorable Beth

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Labson Freeman, did not address discovery deadlines in her subsequent case management orders,

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but scheduled deadlines for dispositive and Daubert motion hearings and trial, without extending

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or reopening discovery. See, e.g., Case Management Order at 1 (listing fact and expert discovery

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cut-offs as “n/a”), Dkt. No. 61; Order Granting Stip., Dkt. No. 71. Because it appears Judge

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Freeman considers discovery closed, unless and until Dominion seeks and Judge Freeman grants

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an extension of the discovery deadline, or Judge Freeman confirms discovery is not in fact closed,

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the undersigned will not consider ordering additional discovery.

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IT IS SO ORDERED.
Dated: September 12, 2017
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MARIA-ELENA JAMES
United States Magistrate Judge