Daniel Chavez v. Linebarger Goggan Blair and Sampson, LLP

Filing 15

MINUTES (IN CHAMBERS) by Judge Josephine L. Staton: striking 11 Plaintiff Daniel Chavez's MOTION to Remand and Vacating the hearing set for July 14, 2017, at 2:30 p.m. (twdb)

__________________________________________________________________
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. 8:17-cv-706-JLS-KESx
Date: May 15, 2017
Title: Daniel Chavez v. Linebarger Goggan Blair and Sampson, LLP

Present: HONORABLE JOSEPHINE L. STATON, UNITED STATES DISTRICT JUDGE
Terry Guerrero
Deputy Clerk
Attorneys Present for Plaintiff:
Not Present

N/A
Court Reporter
Attorneys Present for Defendant:
Not Present

PROCEEDINGS: (IN CHAMBERS) ORDER STRIKING PLAINTIFF DANIEL
CHAVEZ’S MOTION TO REMAND (Doc. 11)
Before the Court is Plaintiff Daniel Chavez’s Motion to Remand. (Mot., Doc. 11.)
For the following reasons, the Court STRIKES the Motion and VACATES the hearing
set for July 14, 2017, at 2:30 p.m.
Under Local Rule 7-3, “counsel contemplating the filing of any motion shall first
contact opposing counsel to discuss thoroughly, preferably in person, the substance of the
contemplated motion and any potential resolution.” C.D. Cal. R. 7-3. This conference of
counsel “shall take place at least seven (7) days prior to the filing of the motion.” Id.
(emphasis added). If the parties are unable to resolve their differences, counsel for the
moving party must include the following statement in the notice of the motion: “This
motion is made following the conference of counsel pursuant to L.R. 7-3 which took
place on (date).” Id.
The purpose of Local Rule 7-3 is to help parties “reach a resolution which
eliminates the necessity for a hearing.” Id. Because of the importance of Local Rule 7-3
in furthering judicial economy and the administration of justice, this Court reminds
counsel of their meet and confer obligations in the Court’s Initial Standing Order. (ISO
¶ 10(b), Doc. 7 (“Counsel must comply with Local Rule 7-3 . . . Counsel should discuss
the issues to a sufficient degree that if a motion is still necessary, the briefing may be
directed to those substantive issues requiring resolution by the Court.”).) Parties must
strictly adhere to the Local Rules of this district, and a district court has the discretion to
______________________________________________________________________________
CIVIL MINUTES – GENERAL
1

__________________________________________________________________
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. 8:17-cv-706-JLS-KESx
Date: May 15, 2017
Title: Daniel Chavez v. Linebarger Goggan Blair and Sampson, LLP

strike any motion that fails to comply with the Local Rules. See Christian v. Mattel, Inc.,
286 F.3d 1118, 1129 (9th Cir. 2002) (“The district court has considerable latitude in
managing the parties’ motion practice and enforcing local rules that place parameters on
briefing.”).
On May 10, 2017, Chavez filed the instant Motion to Remand. (Mot.) The Notice
of Motion does not contain any statement that the Motion was “made following the
conference of counsel pursuant to L.R. 7-3 which took place on (date).” See C.D. Cal. R.
7-3. The Court therefore finds that Chavez fails to satisfy the meet and confer obligations
expressly set forth in Local Rule 7-3.
Accordingly, the Motion to Remand is STRICKEN.

Initials of Preparer: tg

______________________________________________________________________________
CIVIL MINUTES – GENERAL
2