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Lee v. Custom Builders

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


May 13, 2010

RANDAL LEE, PLAINTIFF,
v.
CUSTOM BUILDERS, A CALIFORNIA CORPORATION; FRANK LATRONICO, INDIVIDUALLY AND DBA CUSTOM BUILDERS; DOES 1-50, INCLUSIVE, DEFENDANTS.

ORDER

On May 12, 2010, defendants filed a motion for terminating sanctions or, in the alternative, to compel plaintiff to respond to discovery. Dckt. No. 22. Defendants noticed the motion for hearing on June 16, 2010. Id. However, the discovery deadline in this case is June 1, 2010. See Status (Pretrial Scheduling) Order, filed June 8, 2009, Dckt. No. 13. As set forth in the 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 complied with."

Id.

This court has no authority to consider a discovery motion after the close of discovery. While plaintiff may file a motion to modify the scheduling order, the motion must be heard and decided by the district judge.*fn1 Accordingly, plaintiff's motion for terminating sanctions or to compel discovery, Dckt. No. 22, is hereby vacated.

SO ORDERED.


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