Korvink

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LILA KORVINK, et al., No. 2:21-cv-00508 TLN AC Plaintiffs, v. ORDER HOME DEPOT USA, INC., Defendant. 16 17 Before the court is plaintiffs’ motion to re-open non-expert discovery to take the untimely noticed depositions of two of defendant’s employees. ECF No. 15. The motion is made on the grounds that the court may modify a scheduling order and reopen discovery if the party making the request establishes good cause, Fed. R. Civ. P. 16(b)(4), and that a court may extend a deadline that has passed if the party making the request “failed to act because of excusable neglect.” Fed. R. Civ. P. 6(b)(1)(B). Id. at 1. The parties filed a joint statement in which defendant opposes re-opening non-expert discovery. ECF No. 24. On December 20, 2021, plaintiffs filed a document labeled an objection that challenged a subpoena issued by defendant. ECF No. 8. This document was not noticed as a motion. In that document,…