Opinion
6:23-cv-1465-WWB-LHP
08-23-2024
DAVID DAVILA, Plaintiff, v. LOWES HOME CENTERS, LLC, Defendant
ORDER
LESLIE HOFFMAN PRICE, UNITED STATES MAGISTRATE JUDGE
This cause came on for consideration without oral argument on the following motion filed herein:
MOTION: LOWE'S RENEWED MOTION FOR A RULE 35 EXAMINATION OF PLAINTIFF (Doc. No. 43)
FILED: August 22, 2024
THEREON it is ORDERED that the motion is DENIED without prejudice.
Discovery in this matter closed on May 31, 2024. Doc. No. 10, at 1. The present motion is entirely contingent on the Court granting Defendant's pending Motion to Modify Certain Pretrial Deadlines, in which Defendant asks to reopen discovery. See Doc. No. 37. Because the Court has not yet ruled on that request,the present motion (Doc. No. 43) is DENIED without prejudice to renewal, if appropriate, upon resolution of the Motion to Modify Certain Pretrial Deadlines (Doc. No. 37).
That motion remains pending before the presiding District Judge at this time. Doc. No. 37.
A final note. Counsel in the motion references an Order wherein a prior related motion was denied without prejudice. Doc. No. 43, at 1, n. 1 (citing Doc. No. 23). But counsel is incorrect, as the Court subsequently denied Defendant's renewed motion which was similarly deficient, and that denial was not without prejudice. Doc. No. 27. While the Court is aware that counsel is relatively new to the case, counsel takes the case as they find it and the Court urges counsel to carefully review the entire docket in this case, so as to avoid making similar incorrect arguments.
DONE and ORDERED.