Judge: Lee W. Tsao, Case: 22NWV01129, Date: 2023-11-20 Tentative Ruling

Case Number: 22NWV01129    Hearing Date: November 20, 2023    Dept: C

Maria Rosario Rodriguez vs Sam's West, Inc. 22NWCV01129

This action was filed on October 27, 2022. Trial is set for April 16, 2024. The hearing for the Motion for Summary Judgment is currently scheduled for December 14, 2023. Plaintiff argues that Defendant has failed to produce witnesses on the date of their deposition and the witness will not be available until after January. Plaintiff also argues that Defendant has failed to properly produce responsive documents to the initial discovery.

An opposition has been filed, stating that now that a protective order stipulation has been filed it will respond to discovery. However, it does not address the failure to produce witnesses until January.  Since witnesses will not be made available until after the current MSJ hearing date the Court finds that Plaintiff will be harmed if the hearing date is not continued.

Accordingly, Accordingly, Plaintiff Maria Rosario Rodriguez’s Ex Parte Motion to CONTINUE the Motion for Summary Judgment is GRANTED.  The Motion for Summary Judgment is CONTINUED from Tuesday, December 12, 2022, to Tuesday, February 13, 2023. Opposition and Reply papers to be filed and served per Code in accordance with the new hearing date. 

Moving Party(s) to give notice.