IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
April 12, 2012
JAMES GARCIA, PLAINTIFF,
CITY OF SACRAMENTO, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge
Presently before the court is defendants' ex parte request to continue the hearing and briefing schedule on plaintiff's motion for discovery sanctions, which seeks monetary sanctions for defendants' failure to comply with the court's discovery-related orders (Dkt. Nos. 73, 84).*fn1 Defendants filed the ex parte request one day before their opposition brief was required to be filed. Defendant seeks the continuance on the basis of the following: (1) presently, there is no living plaintiff in this case following plaintiff's death (see Statement Noting the Death of Pl. James Garcia, Dkt. No. 72); and (2) the impending April 18, 2012 deadline for the parties to file dispositive motions in this case (see Order, Jan. 20, 2012, at 2, Dkt. No. 53). (Ex. Parte Req. at 1.)
Defendants' counsel has repeatedly relied on her impacted work schedule and case load as justification for the continuance of deadlines in this case and for defendants' failure to meet discovery production deadlines. (See, e.g., Chapman Decl. ¶¶ 3-4, Dkt. No. 84, Doc. No. 84-1.) Nevertheless, in light of the April 18, 2012 dispositive motion filing deadline, and the fact that plaintiff's motion only seeks monetary sanctions, the undersigned grants defendants' ex parte request and continues the hearing as set forth below.
Accordingly, IT IS HEREBY ORDERED that:
1. The hearing on plaintiff's motion for sanctions (Dkt. No. 73) is continued to May 24, 2012, at 10:00 a.m.
2. Defendants shall file their written opposition or statement of non-opposition on or before May 17, 2012.
3. Plaintiff may file a reply brief on or before May 22, 2012.*fn2
IT IS SO ORDERED.