Portale v. CVS Pharmacy, Inc. ( 2020 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ARLENE PORTALE, Case No. 19-cv-04096-SBA (JSC) 8 Plaintiff, ORDER RE DISCOVERY LETTER 9 v. BRIEF 10 CVS PHARMACY, INC., et al., Re: Dkt. Nos. 24, 32 Defendants. 11 12 13 This action has been referred to the undersigned magistrate judge for resolution of 14 discovery disputes. Now pending before the Court is a joint discovery dispute letter regarding 15 Defendants’ discovery responses. (Dkt. Nos. 24, 32.) The letter was first filed on July 1, 2020. 16 Plaintiff’s motion to compel is untimely. The fact discovery cut off was March 31, 2020. 17 (Dkt. No. 22.) Under Northern District of California Local Rule 37-3, any motion to compel had 18 to be filed no more than “7 days after the fact discovery cut-off”; thus, the last day to file the 19 motion to compel/joint discovery letter was April 7, 2020. Indeed, the Pretrial Order itself warned 20 that the “deadline to file motions to compel is governed by the Local Rules.” (Dkt. No. 22.) 21 Plaintiff’s motion to compel letter was filed nearly three months after that deadline and thus must 22 be denied. See Power Integrations, Inc. v. On Semiconductor Corp., No. 16-CV-06371- 23 BLF(VKD), 2019 WL 2388604, at *3 (N.D. Cal. June 5, 2019). Plaintiff offers no cause 24 whatsoever, let alone good cause, for her delay. If she needed more time to meet and confer with 25 Defendants then she should have asked the Court for more time to bring the motion before, or 26 even shortly after, the deadline expired. But a three-month delay is wholly inexcusable. 27 This Order disposes of Docket Nos. 24, 32. 1 IT IS SO ORDERED. 2 Dated: August 13, 2020 4 ne JACQUELINE SCOTT CORLE 5 United States Magistrate Judge 6 7 8 9 10 11 12 13 15 16 17 Z 18 19 20 21 22 23 24 25 26 27 28