Tomasini v. Chau

Summary

The United States District Court for the Eastern District of California denied Paul C. Tomasini’s motion for reconsideration of an earlier order denying a stay. The court granted his motion to voluntarily dismiss deceased defendant D. Gentry and successors in interest, and modified the discovery and pretrial motion deadlines.

Holdings

1. Reconsideration was not warranted because none of the recognized grounds—newly discovered evidence, clear error, or an intervening change in controlling law—was present.
2. The court granted plaintiff's motion to voluntarily dismiss deceased defendant D. Gentry and any successors in interest.
3. The operative discovery and scheduling order was modified to permit discovery through April 21, 2023, with motions to compel due by that date, and to require other pretrial motions by July 14, 2023.

Questions Presented

1. Whether plaintiff was entitled to reconsideration of the order denying his request for a stay.
2. Whether defendant D. Gentry and her successors in interest should be voluntarily dismissed after Gentry's death.
3. Whether the discovery and pretrial-motion deadlines should be reset.

Disposition

other