HEARING ON MOTION FOR LEAVE TO CONDUCT DISCOVERY
FILED BY MARK STEVEN CORRINET, MICHAEL BARDY
* TENTATIVE RULING: *
This case was previously set for trial, but shortly before the trial date it was dismissed for want of prosecution (Judge Craddick). The court of appeal reversed that dismissal and remanded the case for further proceedings. At recent CMCs the parties agreed that the deadline for bringing the case to trial is three years from remittitur. They disagreed, however, on whether the reversal and remand have the effect of reopening discovery in general, and expert designation and discovery in particular (the original discovery cutoff having previously passed before the dismissal). The Court invited the parties to brief the question.
Defendants have accordingly filed what they label as a motion to reopen discovery. The label is not quite right, given that defendants’ (correct) position is that discovery is automatically reopened and requires neither leave of court nor a motion
Hearing Date
September 27, 2019
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HEARING ON MOTION FOR LEAVE TO CONDUCT DISCOVERY
FILED BY MARK STEVEN CORRINET, MICHAEL BARDY
* TENTATIVE RULING: *
This case was previously set for trial, but shortly before the trial date it was dismissed for want of prosecution (Judge Craddick). The court of appeal reversed that dismissal and remanded the case for further proceedings. At recent CMCs the parties agreed that the deadline for bringing the case to trial is three years from remittitur. They disagreed, however, on whether the reversal and remand have the effect of reopening discovery in general, and expert designation and discovery in particular (the original discovery cutoff having previously passed before the dismissal). The Court invited the parties to brief the question.
Defendants have accordingly filed what they label as a motion to reopen discovery. The label is not quite right, given that defendants’ (correct) position is that discovery is automatically reopened and requires neither leave of court nor a motion