Flynn v. Canlas, et al.

Filing 29

ORDER Regarding Defendants' Motion to Compel 28 , and Directing the Parties to Meet and Confer, signed by Magistrate Judge Barbara A. McAuliffe on 10/30/17. Thirty-Day Deadline. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID FLYNN,

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Case No. 1:16-cv-01052-AWI-BAM (PC)
Plaintiff,

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v.

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CANLAS, et al.,

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ORDER REGARDING DEFENDANTS’
MOTION TO COMPEL, AND DIRECTING
THE PARTIES TO MEET AND CONFER
(ECF No. 28)

Defendants.

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Plaintiff is a former state prisoner proceeding pro se and in forma pauperis in this civil
rights action pursuant to 42 U.S.C. § 1983.
On October 27, 2017, Defendants filed a motion to compel pursuant to Federal Rule of
Civil Procedure 37(a)(3)(B). (ECF No. 28.)
Under this court’s discovery and scheduling order, the parties are relieved of the

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requirement in Federal Rules of Civil Procedure 26 and 37, and Local Rule 251, to attempt to

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confer in good faith to resolve a discovery dispute prior to filing any motion to compel.

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Voluntary compliance is encouraged, but not required. The court’s order further provides that the

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meet and confer requirement may be reimposed in any case that the court deems it appropriate.

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Upon review of the motion to compel referenced above, the court finds it appropriate to

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require the parties to engage in a meet and confer conference regarding their discovery dispute.
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Defense counsel is directed to contact Plaintiff by telephone, or to set-up an in-person meeting,

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regarding the parties’ discovery dispute within twenty-one (21) days of the date of this order.

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Briefing on the motion to compel is stayed during the meet and confer process, and the opposing

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party is relieved of their obligation to respond to the motion until further order of the court.

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In conducting the meet and confer conference, the parties are reminded that they are

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required to act in good faith during the course of discovery. Complete, accurate, and truthful

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discovery responses are required. False or incomplete responses violate the Federal Rules of

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Civil Procedure and subject an offending party and/or counsel to sanctions. Boilerplate

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objections will not be tolerated and will be summarily overruled. Privileges are narrowly

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construed and are generally disfavored. Information not properly disclosed may be excluded

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from use at a hearing, motion, or trial.

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Within seven (7) days of the parties’ conference, defense counsel shall file a Joint

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Statement regarding the meet and confer conference. All parties shall participate in the

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preparation of the Joint Statement, and must sign the Joint Statement. Electronic signatures are

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acceptable; a wet signature is not required.

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The Joint Statement shall set forth the following:

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(a) a statement that the parties met and conferred in good faith regarding the dispute, by

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phone or in-person, including the date(s) of the conference(s);
(b) a statement explaining whether the motion to compel was resolved in full or in part
through the meet and confer process; and
(c) if any issues from the motion remain unresolved, a statement referring the court to
each specific discovery request that is still at issue.
Upon review of the Joint Statement, the court shall issue a further order regarding the

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motion to compel. No additional filings may be made regarding the motion to compel unless and

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until ordered by the court.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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The parties are ordered to meet and confer regarding Defendants’ motion to

compel, as outlined above;
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2.

Plaintiff is relieved of his obligation to respond to the motion to compel until

further order of the court;
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Within thirty (30) days of the date of service of this order, a Joint Statement shall

be filed in this matter as outlined above; and
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The parties are warned that the failure to meet and confer in good faith as set

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forth in this order, or to comply with any of its terms, will result in the imposition of

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sanctions.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

October 30, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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