Live Face On Web LLC v. Radio Demographics, Inc. et al

Filing 50

MINUTE ORDER IN CHAMBERS by Magistrate Judge Sheri Pym: Order to Show Cause Why Motion Should Not Be Denied for Failure to Comply with Local Rule 37 and as Untimely, and Directing the Parties to Meet and Confer. Accordingly, plaintiff is hereby ordered to show cause, on or before January 22, 2018 (SEE ORDER FOR DETAILS). (kca)

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

ED CV 16-2369-AB (SPx)

Title

Live Face on Web LLC v. Radio Demographics, Inc, et al.

Present: The
Honorable

Date

January 18, 2018

Sheri Pym, United States Magistrate Judge

Kimberly Carter

None

None

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Plaintiff:

Attorneys Present for Defendant:

None Present

None Present

Proceedings:

(In Chambers) Order to Show Cause Why Motion Should Not Be Denied
for Failure to Comply with Local Rule 37 and as Untimely, and Directing
the Parties to Meet and Confer

On January 16, 2018, plaintiff filed a motion to compel defendant Radio
Demographics, Inc. to appear for deposition, and filed an ex parte application to hear the
motion on shortened time. The motion was not filed in the form of a joint stipulation as
required for all discovery motions by Local Rule 37-2. Further, the motion was not
accompanied by a declaration establishing that opposing counsel failed to confer or
cooperate in the preparation of a joint stipulation. Thus it appears that under Local Rule
37-4, the court should not consider the motion and instead deny it without prejudice.
Additionally, although plaintiff applies to have the motion heard on shortened time
on February 6, 2018, that is after the February 5, 2018 discovery cutoff. The June 8,
2017 Order re Jury Trial in this case explicitly requires that all discovery motions be
heard by that date. Accordingly, this magistrate judge lacks authority to hear the motion
on February 6 or a later date. Additionally, even if heard on February 5, the Order re
Jury Trial requires that discovery motions be calendared sufficiently in advance of the
cutoff to permit responses to be obtained by the cutoff if the motion is granted. For these
reasons too, it appears the court should deny the motion as untimely.
Accordingly, plaintiff is hereby ordered to show cause, on or before January 22,
2018, why the motion to compel should not be denied under Local Rule 37-4 and as
untimely. If plaintiff withdraws the motion on or before January 22, 2018, the order to
show cause will be discharged.
In the meantime, the court directs the parties to promptly meet and confer further to
CV-90 (06/04)

CIVIL MINUTES - GENERAL

Page 1 of 2

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

ED CV 16-2369-AB (SPx)

Date

Title

January 18, 2018

Live Face on Web LLC v. Radio Demographics, Inc, et al.

see if they can agree on a deposition date, as this appears to be a matter the parties should
be able to resolve. Although the instant motion appears to be procedurally improper at
this time, it is possible plaintiff would be able to show good cause for the court to extend
the discovery cutoff to hear the motion and permit the deposition to occur. As such, it
may be in both sides’ interest to resolve this matter.

CV-90 (06/04)

CIVIL MINUTES - GENERAL

Page 2 of 2