Newmark Realty Capital, Inc. v. BGC Partners, Inc. et al

Filing 393

ORDER ON 384 PLAINTIFF'S REQUEST FOR WITHDRAWAL OF THE COURT'S MAY 18, 2018 ORDER. Signed by Magistrate Judge Susan van Keulen on 5/25/2018. (ofr, COURT STAFF) (Filed on 5/25/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NEWMARK REALTY CAPITAL, INC.,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 16-cv-01702-BLF (SVK)

v.
BGC PARTNERS, INC., et al.,
Defendants.

ORDER ON PLAINTIFF'S REQUEST
FOR WITHDRAWAL OF THE
COURT'S MAY 18, 2018 ORDER
Re: Dkt. No. 384

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Before the Court is Plaintiff’s “Request for Withdrawal of Court Order (Dkt. 367) to

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Permit the Timely Filing of Response and Objections to Defendants’ Motion to Extend the Court’s

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May 18, 2018 Deadline to Permit Defendants to File a Motion to Compel relating to Plaintiff’s

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Forthcoming, Court-Ordered ESI Production (Dkt. 364).” ECF 384 (the “Request”). Plaintiff’s

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Request relates to the undersigned’s order on a motion filed by Defendants on May 16, 2018,

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which sought to extend the May 18, 2018 deadline for motions to compel for a possible motion to

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compel in connection with Plaintiff’s production of certain ESI, which at that time had not been

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completed. ECF 364 (the “Motion”). The Motion was originally noticed before the District Judge

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for a hearing on October 11, 2018. Id. On May 18, 2018, the deadline for motions to compel, the

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District Judge referred the Motion to the undersigned, “to be considered at the convenience of her

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calendar,” and vacated the October 11 hearing. ECF 366. The undersigned granted the Motion

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that same day. ECF 367 (the “Order”). Plaintiff now asks the Court to withdraw the Order to give

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Plaintiff the opportunity to file its response and objections to the Motion.

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The Court DENIES Plaintiff’s Request to withdraw the Order but acknowledges that

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Plaintiff did not have the opportunity to respond to the Motion. None of Plaintiff’s arguments

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concerning the Motion have been waived. Plaintiff may include those arguments, as relevant and

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in accordance with the undersigned’s Civil Scheduling and Discovery Standing Order, if and when

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Defendants file a motion to compel pursuant to the extension granted in the Order.

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SO ORDERED.
Dated: May 25, 2018

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SUSAN VAN KEULEN
United States Magistrate Judge

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United States District Court
Northern District of California

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