Gaponyuk v. Alferov

Opinion

1] Sergey Gaponyuk, No. 2:23-cev-01317-KJM-JDP Plaintiff, ORDER v. Evgeny Alferov, et al., 1S Defendants. Plaintiff Sergey Gaponyuk once again requests further leave from this court to extend the deadline set for early discovery. See Mot., ECF No. 22. A plaintiff may request permission to begin discovery before the parties have conferred as required by Federal Rule of Civil Procedure 26. See Semitool, Inc. v. Tokyo Electron Am., Inc., 208 F.R.D. 273, 276 (N.D. Cal. 2002). A court may grant early discovery to ascertain the identity of a Doe defendant under this rule. Jacobo v. Doe, No. 22-00672, 2022 WL 2079766, at *2 (E.D. Cal. June 9, 2022). This court has previously granted plaintiffs request to permit additional early discovery. See Prior Order at □□□ (Sept. 17, 2023), ECF No. 17. Having carefully reviewed plaintiff's motion, see generally Mot., the court finds good cause to grant another extension. Plaintiff shall have an additional ninety (90) days as of the filing date of this order to conduct early discovery. The court is unlikely to grant any future motion to extend the discovery deadline absent extraordinary circumstances. Plaintiff shall file a

further status report on the discovery completed and plaintiffs efforts to locate and serve process on defendants at the conclusion of the discovery period set by this order. Accordingly, the status conference set for November 16, 2023, is hereby VACATED and will be reset, if necessary. This order resolves ECF No. 22. DATED: November 6, 2023.

CHIEF ED STATES DISTRICT JUDGE