City of Fresno v. Boeing Company, et al.

Filing 194

ORDER Re: Motion to Compel 147 149 signed by Magistrate Judge Gary S. Austin on 1/20/2010. (Esteves, C)

1 2 3 4 5 6 7 8 CITY OF FRESNO, 9 10 11 12 13 14 Defendant. 15 16 17 Pending before the Court is Defendants' United States of America, the United States Army 18 Corps of Engineers, and the National Guard Board (collectively "United States") Amended Motion 19 20 Regarding Discovery Disagreements ("Joint Statement") on October 6, 2009. (Doc. 164). In the 21 instant motion, the United States seeks an order requiring Plaintiff to: 1) provide responses to the 22 United State's First Set of Interrogatories 1 through 4, and 2) provide responses to Defendants' 23 Third Set of Requests for the Production of Documents 1 through 15. 24 On November 13, 2009, this Court held a hearing regarding the discovery dispute. The 25 matter was continued for a status conference on January 22, 2010 at 10:30 am. (Doc. 172). On 26 January 15, 2010, Plaintiff and the United States filed a stipulation that the parties have resolved all 27 28
The United States had filed a Motion To Compel on September 3, 2009. (Doc. 147). However, because th e Amended Motion to Compel was filed shortly thereafter, the Court deems the first motion to compel withdrawn.
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA CASE NO. 1:06-CV-1559 OWW GSA Plaintiff, ORDER RE: MOTION TO COMPEL v. UNITED STATES OF AMERICA, UNITED STATES ARMY CORPS OF (Docs. 147, 149, and 164) ENGINEERS, NATIONAL GUARD BUREAU and THE BOEING COMPANY, /

to Compel that was filed on September 10, 2009. (Doc. 149).1 The parties filed a Joint Statement

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pending discovery matters. Therefore, the instant Motion to Compel is denied without prejudice as it is moot. The hearing set for January 22, 2010 at 10:30 am is vacated.

IT IS SO ORDERED. Dated: 6i0kij

January 20, 2010

/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE

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