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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DOMINION ASSETS LLC, Case No. 14-cv-03002-BLF (MEJ) Plaintiff, 8 DISCOVERY ORDER v. Re: Dkt. No. 99 9 10 MASIMO CORPORATION, et al., Defendants. United States District Court Northern District of California 11 12 13 The parties have filed a joint discovery letter regarding Plaintiff Dominion Assets LLC’s 14 deposition of James Brasch, nearly two years after discovery closed on October 30, 2015. Jt. Ltr., 15 Dkt. No. 99; see Dkt. No. 58 ¶ 8 & Attachment A (listing Stipulated discovery cut off); see also Jt. 16 Case Management Statement at 1 (“Discovery has concluded and Defendants’ motion for 17 summary judgment is currently pending”), Dkt. No. 88. The Presiding Judge, the Honorable Beth 18 Labson Freeman, did not address discovery deadlines in her subsequent case management orders, 19 but scheduled deadlines for dispositive and Daubert motion hearings and trial, without extending 20 or reopening discovery. See, e.g., Case Management Order at 1 (listing fact and expert discovery 21 cut-offs as “n/a”), Dkt. No. 61; Order Granting Stip., Dkt. No. 71. Because it appears Judge 22 Freeman considers discovery closed, unless and until Dominion seeks and Judge Freeman grants 23 an extension of the discovery deadline, or Judge Freeman confirms discovery is not in fact closed, 24 the undersigned will not consider ordering additional discovery. 25 26 27 28 IT IS SO ORDERED. Dated: September 12, 2017 ______________________________________ MARIA-ELENA JAMES United States Magistrate Judge

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