Daniel Lopez v. James M. Scully et al

Filing 41

MINUTES (IN CHAMBERS) by Magistrate Judge Kenly Kiya Kato: denying without prejudice 38 Motion to Compel (dts)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES—GENERAL
EDCV 18-1274-AB (KKx)

Case No.

Date: April 1, 2019

Title: Daniel Lopez v. James M. Scully, 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 Motion to Compel Without Prejudice [Dkt. 38]

On March 21, 2019, Plaintiff Daniel Lopez (“Plaintiff”) filed a Motion to Compel
Defendants James M. Scully and Heyshin Kim Scully (“Defendants”) to respond to Requests for
Production of Documents, Set One, and Interrogatories, Set One (“Motion”). Dkt. 38. Plaintiff
served the Motion on Defendants by U.S. Mail and email on March 25, 2019. See Dkt. 39.
However, Plaintiff set the Motion for hearing on April 18, 2019. Dkt. 38. Therefore, Plaintiff failed
to serve the Motion sufficiently in advance of the hearing date as required by Local Rule 6-1. See
L.R. 6-1 (“If mailed, the notice of motion shall be served not later than thirty-one (31) days before
the Motion Day designated in the notice.”); see also L.R. 37-2.4 (When a discovery motion is filed
with a declaration establishing opposing counsel failed to confer in a timely manner in accordance
with L.R. 37-1, “then L.R. 6-1, 7-9 and 7-10 apply”). Hence, Plaintiff’s Motion is denied without
prejudice.
IT IS SO ORDERED.

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CIVIL MINUTES—GENERAL

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