Gaponyuk v. Alferov ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 1] Sergey Gaponyuk, No. 2:23-cev-01317-KJM-JDP 12 Plaintiff, ORDER 13 v. Evgeny Alferov, et al., 1S Defendants. 16 17 Plaintiff Sergey Gaponyuk once again requests further leave from this court to extend the 18 | deadline set for early discovery. See Mot., ECF No. 22. A plaintiff may request permission to 19 | begin discovery before the parties have conferred as required by Federal Rule of Civil Procedure 20 | 26. See Semitool, Inc. v. Tokyo Electron Am., Inc., 208 F.R.D. 273, 276 (N.D. Cal. 2002). A 21 | court may grant early discovery to ascertain the identity of a Doe defendant under this rule. 22 | Jacobo v. Doe, No. 22-00672, 2022 WL 2079766, at *2 (E.D. Cal. June 9, 2022). This court has 23 | previously granted plaintiffs request to permit additional early discovery. See Prior Order at □□□ 24 | (Sept. 17, 2023), ECF No. 17. 25 Having carefully reviewed plaintiff's motion, see generally Mot., the court finds good 26 | cause to grant another extension. Plaintiff shall have an additional ninety (90) days as of the 27 | filing date of this order to conduct early discovery. The court is unlikely to grant any future 28 | motion to extend the discovery deadline absent extraordinary circumstances. Plaintiff shall file a 1 | further status report on the discovery completed and plaintiffs efforts to locate and serve process 2 | on defendants at the conclusion of the discovery period set by this order. 3 Accordingly, the status conference set for November 16, 2023, is hereby VACATED and 4 | will be reset, if necessary. 5 This order resolves ECF No. 22. 6 IT IS SO ORDERED. 7 | DATED: November 6, 2023. CHIEF ED STATES DISTRICT JUDGE 45