Santa Cerritos, Inc. v. Michael Penrod

I. Background

25 After the fallout of their business relationship with Defendants Michael Penrod (“Penrod”) 26 and CMC Mechanical, LLC (“CMC,” and, collectively, the “Penrod Defendants”), Plaintiffs Santa 27 Cerritos, Inc., Santa Mix, Inc., and Saint Pedro, Inc. (collectively, the “Santa Cerritos Plaintiffs”) 28 On July 12, 2022, the Court issued the Civil Trial Order, which, among other things, provided for a fact discovery cut-off of November 9, 2022, and a trial date of March 15, 2023. ECF No. 32 at 3. On October 12, 2022, the Santa Cerritos Plaintiffs served the Penrod Defendants with a Notice of Deposition of Michael Penrod, scheduled to take place on October 26, 2022. ECF No. 66- 2. On October 24, 2022, Penrod’s prior counsel, Mr. O’Connor, informed the Santa Cerritos Plaintiffs that Penrod was out of town and did not have cell reception. ECF No. 66-3 at 9. The parties ultimately agreed to reschedule Penrod’s deposition for December 7, 2022. Id. at 1. The parties also entered a stipulation to continue the discovery cut-off by thirty days to December 9, 2022, which the Court granted. See ECF Nos. 35, 37. When…