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