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Patriot Rail Corp. v. Sierra Railroad Co.

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


March 22, 2010

PATRIOT RAIL CORP., PLAINTIFF,
v.
SIERRA RAILROAD COMPANY, DEFENDANT.

ORDER

On March 22, 2010, the court heard, on shortened time, plaintiff's motion for a protective order and defendant's counter request for sanctions. Dckt. Nos. 53, 57. Attorney M. Theresa Tolentino Meehan appeared at the hearing on behalf of plaintiff; attorneys Louis Gonzalez and W. Scott Cameron appeared on behalf of defendant. As stated on the record, and for the reasons stated on the record, plaintiff's motion for a protective order, Dckt. No. 53, is granted in part and denied in part. Defendant's request for sanctions is denied. Dckt. No. 57.

Additionally, on March 17, 2010, defendant filed a motion to compel discovery, and set the matter for hearing on April 7, 2010. Dckt. No. 55. However, pursuant to the district judge's pretrial scheduling order, that date is the current discovery deadline in this case. Dckt. No. 20. As set forth in the pretrial scheduling order, the discovery deadline is the date on which all discovery is to be "completed," which "means that all discovery shall have been conducted so that all depositions have been taken and any disputes relative to discovery shall have been resolved by appropriate order if necessary and, where discovery has been ordered, the order has been obeyed." Id. at 2.

In light of the language in the district judge's scheduling order, defendant's motion is untimely. By noticing its motion to compel for hearing on the actual discovery completion deadline, defendant has precluded the undersigned from issuing any order compelling plaintiff to respond to discovery. Therefore, defendant's motion to compel, Dckt. No. 55, is denied without prejudice.*fn1

SO ORDERED.


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