Simmons v. Rite of Passage Athletic Training Centers and Schools et al

Filing 31

ORDER Regarding 28 Motion to Compel signed by Magistrate Judge Gary S. Austin on 1/9/2012. (Bradley, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KEVIN EUGENE SIMMONS,
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Plaintiff,
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v.
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RITE OF PASSAGE ATHLETIC
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TRAINING CENTERS AND SCHOOLS,
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et al.,
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Defendants
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_____________________________________ )

1:10-cv-1331 LJO GSA
ORDER REGARDING MOTION TO
COMPEL

(Document 23)

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Plaintiff filed a Motion to Compel on December 13, 2011. (Doc. 28). On December 15,
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2011, this Court ordered that that parties file a joint statement regarding discovery disputes no
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later than seven days prior to the January 13, 2012 hearing date. (Doc. 30). To date, no joint
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statement has been filed. Since Plaintiff alleges Defendant's complete failure to respond to the
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discovery requests, it is unclear whether a joint statement was not filed pursuant to Local Rule
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251(e), or whether the issue is resolved. Plaintiff shall advise the Court of the status of this
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motion. If the issue is resolved, Plaintiff shall file a notice of withdrawal of the motion.
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Similarly, Plaintiff shall advise the Court if there has been no response by Defendant. The status
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report SHALL be filed no later than 12:00 pm on January 10, 2012. Failure to timely provide
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the Court with the status report as ordered will result in a denial of this motion and removal of

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this matter from the Court's calendar.

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IT IS SO ORDERED.
Dated:
6i0kij

January 9, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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