Free Order - District Court of California - California

Case 3:07-cv-02221-BEN-NLS

Document 28

Filed 08/05/2008

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This Court previously granted the parties' joint motion to continue dates and temporarily stay discovery in light of a pending ruling on defendant County of San Diego's 12(b)(6) motion to dismiss. Defendant County now moves ex parte to continue the discovery stay and litigation schedule pending the district court's ruling on the County's motion to dismiss. Plaintiff opposes the request and argues that regardless of the ruling on the motion to dismiss, the County should participate in discovery and make disclosures relating to the incident involved in this lawsuit because even if the motion is granted in full, the County will still have to defend at least certain claims. The Court has reviewed the parties' submissions, and DENIES defendant County's ex parte request to continue the discovery stay and litigation schedule. The Court will, however, reset certain of the Rule 26 dates, and the parties shall comply with these dates whether or not the motion to dismiss has been ruled on by the time these dates come due: 1 ) ) ) ) Plaintiff, ) v. ) CITY OF ESCONDIDO, COUNTY OF SAN ) ) DIEGO, OFFICER WYSE, OFFICER UMSTOT, SERGEANT DISTEL, and DOE ) DEFENDANTS 1 through 10, inclusive, ) ) ) Defendants. ) HENRY KODIMER, by and through his guardian ad litem, LYN RAMSKILL, Civil No.07cv2221 BEN (NLS) ORDER DENYING DEFENDANT'S REQUEST FOR DISCOVERY STAY AND RESETTING RULE 26 DATES [Doc. No. 26] UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

07cv2221 BEN (NLS)

Case 3:07-cv-02221-BEN-NLS

Document 28

Filed 08/05/2008

Page 2 of 2

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The August 4, 2008 date for lodging of a discovery plan is continued to August 25, 2008; The August 8, 2008 initial disclosure date is continued to August 29, 2008; The August 15, 2008 telephonic case management conference is VACATED and

RESET for September 5, 2008 at 11:00 a.m.; and 4. All non-conflicting provisions of the Court's April 16, 2008 Order remain in full force and effect.. IT IS SO ORDERED. DATED: August 5, 2008

Hon. Nita L. Stormes U.S. Magistrate Judge

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07cv2221 BEN (NLS)