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Gary Gonsalves v. Nationwide Mutual Insurance Company

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


May 8, 2013

GARY GONSALVES, PLAINTIFF,
v.
NATIONWIDE MUTUAL INSURANCE COMPANY, DEFENDANT.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

Presently before the court is the parties' Stipulation (Dkt. No. 14), which seeks to alter the discovery completion date set within the Scheduling Order of Chief United States District Judge Morrison C. England, Jr. (Scheduling Order, Dkt. No. 11). Specifically, the parties ask the court to permit the deposition of non-party witness Chuck Slavonic to occur sometime after the discovery completion date of June 7, 2013, but sometime before July 19, 2013, due to that witness' medical circumstances. (Dkt. No. 14 at 2.)

By way of background, the Judge England's Scheduling Order requires all discovery to be completed by June 7, 2013. (Scheduling Order at 2.) According to that Scheduling Order, "completed" means that "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 obeyed." (Id.) Judge England's Scheduling Order also provides that the order "shall not be modified except by leave of court upon a showing of good cause. Agreement by the parties pursuant to stipulation alone to modify the Pretrial Scheduling Order does not constitute good cause. Except in extraordinary circumstances, unavailability of witnesses or counsel will not constitute good cause." (Id. at 11.)

The undersigned cannot grant a request to alter dates in the operative Scheduling Order because he cannot modify another judge's order. Accordingly, the parties' Stipulation (Dkt. No. 14) is denied without prejudice. The parties must seek leave from Judge England to modify the Scheduling Order and to alter the discovery completion date in the manner requested.

Accordingly, for the reasons outlined above, IT IS HEREBY ORDERED that: The parties' Stipulation (Dkt. No. 14) is denied without prejudice to its refiling before Judge England.

IT IS SO ORDERED.

20130508

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