David Joseph Samson v. United State of America et al

Filing 50

MINUTES (IN CHAMBERS) by Magistrate Judge Kenly Kiya Kato: denying 49 Motion to Compel (dts)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES—GENERAL
Case No.

EDCV 16-0991-JVS-KK

Date: March 20, 2017

Title: David Joseph Samson v. United State of America, et al.

Present: The Honorable KENLY KIYA KATO, UNITED STATES MAGISTRATE JUDGE
DEB TAYLOR

Not Reported

Deputy Clerk

Court Reporter

Attorney(s) Present for Plaintiff(s):

Attorney(s) Present for Defendant(s):

None Present

None Present

Proceedings:

Order Denying Plaintiff’s Motion to Compel [Dkt. 49]

On March 13, 2017, Plaintiff David Joseph Samson (“Plaintiff”) filed a Motion to Compel
Production of Documents from Defendants United States of America and Ladrew Price
(“Defendants”). ECF Docket No. (“Dkt.”) 49. On March 6, 2017, Plaintiff filed a Notice of
Change of Address informing the Court he was released from custody on March 1, 2017. Dkt. 48.
Pursuant to the Court’s Case Management Scheduling Order, “[i]f no party to the action
is in custody, the regular Local Rules governing the noticing and briefing of [discovery] motions
shall apply, including the meet and confer and joint stipulation requirements of Local Rules 37-1
and 37-2.” Dkt. 40 at 3.
Pursuant to Local Rule 37-1, “[p]rior to the filing of any motion relating to discovery
pursuant to F. R. Civ. P. 26-37, counsel for the parties shall confer in a good faith effort to
eliminate the necessity for hearing the motion or to eliminate as many of the disputes as
possible.”1 L.R. 37-1. Moreover, “[t]he Court will not consider any discovery motion in the
absence of a joint stipulation or a declaration from counsel for the moving party establishing that
opposing counsel (a) failed to confer in a timely manner in accordance with L.R. 37-1; (b) failed to
Pursuant to Local Rule 1-3, “[p]ersons appearing pro se are bound by these rules, and
any reference in these rules to ‘attorney’ or ‘counsel’ applies to parties pro se unless the context
requires otherwise.” L.R. 1-3.
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provide the opposing party’s portion of the joint stipulation in a timely manner in accordance
with L.R. 37-2.2; or (c) refused to sign and return the joint stipulation after the opposing party’s
portion was added.” L.R. 37-2.4.
Here, Plaintiff filed the instant Motion to Compel without a Joint Stipulation pursuant to
Local Rule 37-2 and failed to include a declaration establishing he adequately met and conferred
pursuant to Local Rule 37-1. See L.R. 37-2.4. The discovery request Plaintiff appears to have
served on Defendants on January 18, 2017, which Plaintiff also describes as “a meet and confer,”
does not meet Plaintiff’s obligation pursuant to Local Rule 37-1 to meet and confer regarding the
substance of the discovery dispute after Defendants fail to adequately respond. See Dkt. 49 at 4.
Hence, the Court declines to consider Plaintiff’s Motion and Plaintiff’s Motion is DENIED
without prejudice.
IT IS SO ORDERED.

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