Martinez v. CPG Finance II, LLC et al
Filing
101
ORDER signed by Magistrate Judge Kendall J. Newman on 06/17/11 DENYING #90 Motion to Compel. (Michel, G)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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TONY MARTINEZ,
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Plaintiff,
No. 2:10-cv-01333 GEB KJN
v.
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COLUMBIA SPORTSWEAR USA
CORP. dba COLUMBIA SPORTSWEAR
COMPANY #446 et al.,
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Defendants.
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ORDER
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On June 9, 2011, the undersigned conducted a hearing on plaintiff’s motion to
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compel a site inspection pursuant to Federal Rule of Civil Procedure 34, filed with respect to
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defendant New Balance Athletic Shoe, Inc. d/b/a New Balance #0015 (“New Balance”). (See
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Minutes, June 9, 2011, Dkt. No. 95.) For the reasons stated on the record at the hearing, the
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undersigned entered an order holding plaintiff’s motion to compel in abeyance in light of New
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Balance’s motion to dismiss/motion for summary judgment and plaintiff’s motion for relief
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pursuant to Federal Rule of Civil Procedure 56(d) then-pending before United States District
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Judge Garland E. Burrell, Jr. On June 16, 2011, Judge Burrell granted New Balance’s motion for
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summary judgment and entered judgment in favor of New Balance. (Order, June 16, 2011, Dkt.
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No. 98; Judgment, June 16, 2011, Dkt. No. 99.)
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In light of the order and judgment entered on June 16, 2011, IT IS HEREBY
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ORDERED that plaintiff’s motion to compel a site inspection pursuant to Federal Rule of Civil
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Procedure 34 (Dkt. No. 90) is denied.
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IT IS SO ORDERED.
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DATED: June 17, 2011
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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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