Arias v. Ruan Transport Corporation

Filing 46

ORDER REQUIRING THE PARTIES TO COMPLY WITH LOCAL RULE 251. IT IS HEREBY ORDERED that the parties are required to meet and confer and file a Joint Statement of Discovery Disagreement in compliance with Local Rule 251 and the Court shall disregard the argument in Plaintiffs motion to compel and Defendants opposition. Signed by Magistrate Judge Stanley A. Boone on 4/7/2017. (Hernandez, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAVIER ARIAS,
Plaintiff,

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Case No. 1:16-cv-00280-SAB
ORDER REQUIRING THE PARTIES TO
COMPLY WITH LOCAL RULE 251

v.

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RUAN TRANSPORT CORPORATION,

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Defendant.

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On March 22, 2017, Plaintiff filed a notice of motion to quash subpoenas that Defendants

18 had served on third party medical providers. (ECF No. 31.) On March 29, 2017, a hearing was
19 held on Defendants motion to continue the scheduling deadlines in this action during which the
20 Court informed that parties that they were required to comply with Local Rule 251 in bringing a
21 discovery motion, including the motion to quash. On April 5, 2017, Defendants filed a reply to
22 Plaintiff’s motion to quash. (ECF No. 44.)
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As relevant here, Local Rule 251 provides that a hearing on a motion pursuant to Rule 45

24 may be had upon the filing of a notice of motion and motion scheduling the hearing date at least
25 twenty one days from the date of filing. L.R. 251(a). The motion shall not be heard unless the
26 parties have meet and conferred and set forth their differences in a Joint Statement re Discovery
27 Disagreement. L.R. 251(b). If the moving party is still dissatisfied after meeting and conferring
28 with the opposing party, then the parties shall file a Joint Statement re Discovery Disagreement,

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1 the specifics of which are included in Rule 251(c). L.R. 251(c). “All arguments and briefing that
2 would otherwise be included in a memorandum of points and authorities supporting or opposing the
3 motion shall be included in this joint statement, and no separate briefing shall be filed.” L.R. 251(c).
4 The Rule provides for exceptions which the Court does not find have been demonstrated in this
5 instance. L.R. 251(d)(e).
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Accordingly, IT IS HEREBY ORDERED that the parties are required to meet and confer and

7 file a Joint Statement of Discovery Disagreement in compliance with Local Rule 251 and the Court
8 shall disregard the argument in Plaintiff’s motion to compel and Defendant’s opposition.
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IT IS SO ORDERED.

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April 7, 2017
UNITED STATES MAGISTRATE JUDGE

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