Judge: Theresa M. Traber, Case: 22STCV39928, Date: 2024-12-19 Tentative Ruling

Case Number: 22STCV39928    Hearing Date: December 19, 2024    Dept: 47

The Court has reviewed Plaintiff’s ex parte application for an order shortening time to hear Plaintiff’s motion to compel Joseph Davis to produce documents. The Court denies the request for immediate emergency relief finding that the scheduling quandary faced by Plaintiff in connection his need to use Davis’ documents to draft his summary judgment opposition has arisen in some measure from Plaintiff’s nearly one-month delay in seeking relief since Davis served his discovery response without any documents on November 21, 2024.  Had Plaintiff moved faster he would have benefitted from the oversight of Judge Beaudet who could adjust her calendar as she deemed appropriate to shorten time for relief, continue the summary judgment hearing, or offer other scheduling relief.   Rather than denying all relief, however, the Court continues the hearing on Plaintiff’s ex parte application to 9:00 a.m. on Friday, January 3, 2025, when Judge Beaudet will be available to consider the scheduling concerns raised by Plaintiff. 

Counsel for the Moving Party is ordered to give notice.

Because the Court is engaged in a jury trial, the ex parte will not be called for hearing.  Instead, this ruling is the Court’s final ruling on the matter.