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Yesenia Guitron and Judi Klosek v. Wells Fargo Bank

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


December 14, 2011

YESENIA GUITRON AND JUDI KLOSEK,
PLAINTIFFS,
v.
WELLS FARGO BANK, N.A., ET AL., DEFENDANTS.

The opinion of the court was delivered by: Maria-Elena James Chief United States Magistrate Judge

DISCOVERY ORDER Re: Docket No. 99

Pending before the Court is the parties' joint discovery dispute letter filed on December 14,

Guitron and Judi Klosek engaged in obstruction of Defendants' ability to take Ms. Metelin's

14 2011. Dkt. No. 99. In the joint letter, Defendants Wells Fargo Bank, N.A., Wells Fargo & Co., and

Pam Rubio seek to compel the deposition of Dreydy Metelin on a mutually convenient date before D 16 trial. Defendants argue that good cause exists to grant their request because "Plaintiffs Yesenia deposition before the fact discovery cut-off date-October 5, 2011-in this action." Id. Federal 19 Rule of Civil Procedure 16(b)(4) permits a court to modify a scheduling order for good cause.

20 However, it is up to the presiding judge to determine whether a scheduling order should be 21 modified. Accordingly, Defendants' request is DENIED WITHOUT PREJUDICE to bringing the 22 request before the presiding judge, the Honorable Claudia Wilken.

IT IS SO ORDERED.

20111214

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