The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge
Pending before the court is Plaintiff's Ex Parte Application for an Order Shortening Time (Doc. 54). Plaintiff is requesting a shorten time to hear his Motion for Relief from Automatically Deeming Responses to Request for Admissions Admitted (Doc. 52).
According to the Scheduling Order (Doc. 28), all discovery is to be completed in this matter by May 1, 2009. For hearings on discovery disputes, Eastern District Local Rule 37-251(a) provides that any party may set a hearing "on the appropriate calendar at least twenty-one (21) days from the date of filing." In an apparent attempt to comply with the Scheduling Order and Rule 37-251, Plaintiff filed his motion on April 17, 2009, and attempted to set it for hearing on May 1, 2009. However, May 1, 2009, was not a set Civil Law and Motion date on the undersigned's calendar, and counsel did not contact the court to obtain an appropriate hearing date and time. Accordingly, the hearing Plaintiff set for May 1, 2009, was taken off calendar.
The undersigned is aware of the timing issues involved in setting a hearing date for Plaintiff's motion. The next regularly scheduled Civil Law and Motion date before the undersigned is May 7, 2009. This date is one week beyond the discovery cut off date set in this case. However, given the court's unavailability to hear this matter on May 1, 2009, as Plaintiff had attempted to set, the undersigned will set this matter for hearing on May 7, 2009, and will deem it timely heard. This will render Plaintiff's Application for an Order Shortening Time unnecessary, and it will therefore be denied.*fn1 Defendants will be provided an opportunity to file a response to Plaintiff's motion on or before May 1, 2009.
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff's Ex Parte Application for an Order Shortening Time is denied;
2. Plaintiff's Motion for Relief from Automatically Deeming Responses to Request for Admissions Admitted is set for hearing on May 7, 2009, before the undersigned in Redding, California, at 11:00 a.m. Telephonic appearances by counsel will be permitted; and
3. Defendants' response to Plaintiff's Motion for Relief, if any, is to be filed on ...