IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
September 8, 2008
CEC ENTERTAINMENT, INC., PLAINTIFF,
KOBRA PROPERTIES AND STONEGATE CONSTRUCTION, INC., DEFENDANTS.
AND RELATED THIRD PARTY ACTIONS
On August 29, 2008, defendant and third-party plaintiff Kobra Properties filed a motion to compel discovery, scheduled for hearing on October 1, 2008. See Docket Entry No. 97. However, after several extensions of the initial deadline, discovery closed in this case on July 31, 2008. See Docket Entry No. 87. Absent further extension of the discovery deadline by the district judge, this court cannot consider a discovery motion. The parties would first need to obtain from the district judge an order further modifying the pretrial scheduling order.
Accordingly, the motion filed August 29, 2008 is denied without prejudice, and the October 1, 2008 hearing thereon is vacated from this court's calendar.
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