Gregory et al v. Allied Property & Casualty Insurance Company et al
Filing
35
ORDER signed by Magistrate Judge Edmund F. Brennan on 11/18/11 ORDERING that this court has no authority to consider a discovery motion after the close of discovery. While plaintiffs may file a motion to further modify the Pretrial Scheduling Order, the motion must be heard and decided by the district judge. Accordingly, plaintiffs' 33 Motion to Compel is DENIED without prejudice. (Benson, A.)
<![CDATA[
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
DARYL GREGORY; SHIRLEY
GREGORY,
11
Plaintiffs,
No. CIV S-10-1872 KJM EFB
12
vs.
13
14
NATIONWIDE MUTUAL INSURANCE
COMPANY; ALLIED PROPERTY AND
CASUALTY INSURANCE COMPANY,
ORDER
15
Defendants.
16
17
/
On November 17, 2011, plaintiffs filed a motion to compel defendants to comply with
18
certain deposition notices that plaintiffs originally served on defendants in June 2011 and re-
19
served on defendants in October 2011. Dckt. No. 33. The motion is noticed for hearing before
20
the undersigned on December 14, 2011. Id.
21
However, the non-expert discovery deadline in this case was August 19, 2011 and the
22
expert discovery deadline was October 28, 2011. See June 22, 2011 Stipulation and Order
23
Modifying the Pretrial Scheduling Order, Dckt. No. 15. As set forth in the Pretrial Scheduling
24
Order, the discovery deadline is the date on which all discovery is to be “completed,” which
25
“means that all discovery shall have been conducted so that all depositions have been taken and
26
any disputes relative to discovery shall have been resolved by appropriate order if necessary and,
1
1
where discovery has been ordered, the order has been complied with.” See Sept. 16, 2010 Status
2
(Pretrial Scheduling) Order, Dckt. No. 8 at 2. Although plaintiffs contend that the parties agreed
3
to continue the discovery deadline to October 31, 2011 and that the depositions at issue were re-
4
noticed to be held before that date, Dckt. No. 33-1 at 6, this court has no authority to consider a
5
discovery motion after the close of discovery.1 While plaintiffs may file a motion to further
6
modify the Pretrial Scheduling Order, the motion must be heard and decided by the district
7
judge. Accordingly, plaintiffs’ motion to compel, Dckt. No. 33, is denied without prejudice.
8
SO ORDERED.
9
DATED: November 18, 2011.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
1
When parties agree to conduct discovery beyond the discovery completion deadline set
by the court, they do so with the risk that the court will not decide any disputes relating to that
discovery.
2
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
