Novotech (Australia) PTY Limited v. SureClinical, Inc.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 NOVOTECH (Australia) PTY Limited, No. 2:22-cv-01259 JAM AC Plaintiff, v. ORDER SURECLINICAL, INC., Defendant. 16 Pending before the court is plaintiff’s motion to compel. ECF No. 41. This discovery matter was referred to the undersigned pursuant to E.D. Cal. R. (“Local Rule”) 302(c)(1). The parties assert that this is not a “discovery” motion because there has not been a Fed. R. Civ. P. 26(f) conference in this case and no discovery schedule has been entered. Plaintiff argues that the motion is brought in accordance with the Preliminary Injunction order at ECF Nos. 30 and 41. The order at ECF No. 41 states that “any disputes between the parties regarding discovery, including the production of documents ordered by this Court on January 20, 2023 (ECF No. 41), shall be submitted to the assigned Magistrate Judge.” ECF No. 45 at 2; see also ECF No. 50 at 7. This instruction does not remove the instant motion from the realm of discovery;…