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Patriot Rail Corp v. Sierra Railroad Company

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


February 7, 2012

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

ORDER

On February 3, 2012, plaintiff filed a motion to strike one of defendant's supplemental expert reports and a motion for sanctions due to alleged discovery misconduct and violations of the assigned district judge's scheduling orders. Dckt. No. 191. Plaintiff noticed the motion under Local Rule 251 and set the matter for hearing before the undersigned on February 29, 2012. Then, on February 6, 2012, defendant filed a motion for an order compelling plaintiff to produce supplemental responses to discovery, and a motion for sanctions due to alleged discovery misconduct and violations of the court's orders. Dckt. No. 192. Defendant also noticed the motion under Local Rule 251 and set the matter for hearing before the undersigned on February 29, 2012.

However, the discovery deadlines in this case (both expert and non-expert), which were extended multiple times, expired more than a year ago.*fn1 As set forth in the district judge's original 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 complied with." See May 18, 2009 Pretrial Scheduling Order, Dckt. No. 20 at 2.

Therefore, defendant's motion to compel, Dckt. No. 192, and the portions of both plaintiff and defendant's motions seeking discovery sanctions, Dckt. Nos. 191 and 192, are denied since this court has no authority to consider discovery motions after the close of discovery.*fn2 Additionally, the February 29, 2011 hearing on the remainder of the parties' motions (plaintiff's motion to strike defendant's supplemental expert report and motion for sanctions for violation of the district judge's scheduling order, and defendant's motion for sanctions for violation of the court's orders) is vacated. If the parties desire to re-notice those motions, they shall notice the motions before the assigned district judge and shall comply with Local Rule 230.

SO ORDERED.


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