Motion for an Order: Re-Opening Discovery
The Motion by Defendant Costco Wholesale Corporation (“Costco” or “Defendant”) for an order re-opening discovery and compelling Plaintiff to appear for her deposition and to also submit to an independent medical examination (“IME”) is GRANTED IN PART and DENIED IN PART, as set forth below.
This is a personal injury case. Plaintiff sues Costco for negligence, for injuries that she allegedly suffered when she slipped and fell in the Fountain Valley Costco.
The case originally was set for trial on 3/30/2020. The Court later granted an ex parte application to continue trial to 6/29/2020, but did not continue the pre-trial discovery or motion deadlines. Then, as a result of the pandemic, the Court continued the trial date again to 12/21/2020.
In sum, Defendant’s Motion asks the Court to do four things:
(1) “reopen discovery” to allow Costco to complete discovery that was noticed before the discovery cutoff associated with the 3/30/20 trial date, inc