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Pinnacle Fitness and Recreation Management, LLC, A Delaware Limited Liability Company v. the Jerry and Vickie Moyes Family Trust

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


April 18, 2011

PINNACLE FITNESS AND RECREATION MANAGEMENT, LLC, A DELAWARE LIMITED LIABILITY COMPANY, PLAINTIFF,
v.
THE JERRY AND VICKIE MOYES FAMILY TRUST, AN ARIZONA TRUST, WITNESS ALAN WASKIN DEFENDANT,

The opinion of the court was delivered by: Bernard G. Skomal United States Magistrate Judge

ORDER GRANTING IN PART DEFENDANT'S EX PARTE MOTION FOR EXTENSION OF TIME TO COMPLETE THE DEPOSITION OF THIRD-PARTY AND RELATED CLAIMS.

On April 8, 2011, Defendant The Jerry and Vickie Moyes Family Trust filed an ex parte motion *fn1 for open extension to take the deposition of third-party witness Alan Waskin. (Doc. No. 118.) Alan Waskin's deposition was to take place on March 29, 2011, but was postponed due to Plaintiff's counsel's unavailability on that date due to a personal medical issue. ( Id. ) Plaintiff Pinnacle Fitness and Recreation Management, LLC filed a response in opposition to Defendant's ex parte motion on April 13, 2011. (Doc. No. 124.) Plaintiff in its opposition states that the parties have come to an agreement to take Alan Waskin's deposition on May 4, 2011 in the San Diego area. at 2.) The Court, for good cause shown, grants in part Defendant's ex parte motion. The deposition of third-party witness Alan Waskin may take place on or before May 4, 2011 .

All other dates and deadlines remain as set and will not be modified absent good cause. Additionally, the Court denies without prejudice Defendant's request to supplement any summary judgment briefing with information learned from Alan Waskin's deposition. The Court notes that this request should be made to the District Court judge assigned to the case, as motions for summary judgment are set before Judge Battaglia

IT IS SO ORDERED.


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