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Johnston v. Lindauer

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


January 5, 2009

CLIFF JOHNSTON, PLAINTIFF,
v.
CHARLENE LINDAUER, AKA CHARLENE MACALUSO, ET AL., DEFENDANTS.

ORDER

Presently pending is plaintiff's Motion to Compel Discovery Responses, noticed for hearing on this court's January 7, 2009 law and motion calendar. However, the discovery deadline in this case expired on November 21, 2008. See Scheduling Order filed September 28, 2007, at p. 2.*fn1 The deadline of January 23, 2009, which plaintiff asserts is applicable, applies not to discovery matters but only to dispositive motions. Id., at pp. 3-4.

The assigned magistrate judge has no authority to consider a discovery motion after the close of discovery. While any party may file a motion to modify the pretrial scheduling order, such motion must be heard and decided by the district judge before a discovery matter may be noticed for hearing before the magistrate judge.

Accordingly, plaintiff's Motion to Compel Discovery Responses (Dckt. No. 27) is denied without prejudice, and the January 7, 2009 hearing thereon is vacated.

SO ORDERED.


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