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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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 12 DAVID FLYNN, 13 Case No. 1:16-cv-01052-AWI-BAM (PC) Plaintiff, 14 v. 15 CANLAS, et al., 16 ORDER REGARDING DEFENDANTS’ MOTION TO COMPEL, AND DIRECTING THE PARTIES TO MEET AND CONFER (ECF No. 28) Defendants. 17 18 19 20 21 22 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 23 requirement in Federal Rules of Civil Procedure 26 and 37, and Local Rule 251, to attempt to 24 confer in good faith to resolve a discovery dispute prior to filing any motion to compel. 25 Voluntary compliance is encouraged, but not required. The court’s order further provides that the 26 meet and confer requirement may be reimposed in any case that the court deems it appropriate. 27 Upon review of the motion to compel referenced above, the court finds it appropriate to 28 require the parties to engage in a meet and confer conference regarding their discovery dispute. 1 1 Defense counsel is directed to contact Plaintiff by telephone, or to set-up an in-person meeting, 2 regarding the parties’ discovery dispute within twenty-one (21) days of the date of this order. 3 Briefing on the motion to compel is stayed during the meet and confer process, and the opposing 4 party is relieved of their obligation to respond to the motion until further order of the court. 5 In conducting the meet and confer conference, the parties are reminded that they are 6 required to act in good faith during the course of discovery. Complete, accurate, and truthful 7 discovery responses are required. False or incomplete responses violate the Federal Rules of 8 Civil Procedure and subject an offending party and/or counsel to sanctions. Boilerplate 9 objections will not be tolerated and will be summarily overruled. Privileges are narrowly 10 construed and are generally disfavored. Information not properly disclosed may be excluded 11 from use at a hearing, motion, or trial. 12 Within seven (7) days of the parties’ conference, defense counsel shall file a Joint 13 Statement regarding the meet and confer conference. All parties shall participate in the 14 preparation of the Joint Statement, and must sign the Joint Statement. Electronic signatures are 15 acceptable; a wet signature is not required. 16 The Joint Statement shall set forth the following: 17 (a) a statement that the parties met and conferred in good faith regarding the dispute, by 18 19 20 21 22 23 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 24 motion to compel. No additional filings may be made regarding the motion to compel unless and 25 until ordered by the court. 26 Accordingly, IT IS HEREBY ORDERED that: 27 1. 28 The parties are ordered to meet and confer regarding Defendants’ motion to compel, as outlined above; 2 1 2 3 4 5 2. Plaintiff is relieved of his obligation to respond to the motion to compel until further order of the court; 3. 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 4. The parties are warned that the failure to meet and confer in good faith as set 6 forth in this order, or to comply with any of its terms, will result in the imposition of 7 sanctions. 8 9 10 IT IS SO ORDERED. Dated: /s/ Barbara October 30, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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