United States District CourtFor the Northern District of California1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1
*E-FILED 9/6/06*
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
GOOGLE INC.,
Plaintiff,
v.
AMERICAN BLIND & WALLPAPER FACTORY,
INC.,
Defendant.
/
NO. C 03-5340 JF (RS)
ORDER GRANTING IN PART
AND DENYING IN PART
MOTION TO COMPEL
INTRODUCTION
Fact discovery in this action was scheduled to close on July 27, 2006. The presiding judge
extended that date by sixty days, but only for the purpose of completing discovery already in
progress. Defendant American Blind & Wallpaper Factory, Inc. originally sought to have the
present motion heard on shortened time, so that it could be decided prior to the extended discovery
cut off. Because American Blind characterized the relief it was seeking as an order to compel
compliance with timely-served discovery requests, the Court denied the request for an order
shortening time, citing Local Civil Rule 26-2, which permits motions to compel as to outstanding
discovery requests to be filed up to seven days after the discovery cut off. The relief American
Blind actually seeks more properly should have been characterized as leave to conduct additional
discovery outside the scope of the presiding judge’s order, notwithstanding the original cut off.
As such, American Blind’s motion is timely in that there is no limitation on when a party
may seek leave to conduct additional discovery despite discovery having closed. Nevertheless,
American Blind has failed to show good cause to reopen discovery except with respect to one of the
depositions it seeks to take. The motion will be granted as to that deposition but otherwise will be
Case 5:03-cv-05340-JF Document 182 Filed 09/06/2006 Page 1 of 7
Google Inc. v. American Blind & Wallpaper Factory, Inc.
Doc. 182
Dockets.Justia.com
United States Distr