Munoz v. California Department of Corrections and Rehabilitation et al

Filing 37

ORDER DENYING 36 Plaintiff's Request to Set a Hearing Date, signed by Magistrate Judge Jennifer L. Thurston on 8/15/2018. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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)
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Plaintiff,
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v.
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CALIFORNIA DEPARTMENT OF
CORRECTIONS AND REHABILITATION, )
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et al.,
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Defendants.
)
RICK MUNOZ,

Case No.: 1:16-cv-01103 - LJO- JLT
ORDER DENYING PLAINTIFF’S REQUEST TO
SET A HEARING DATE
(Doc. 36)

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Plaintiff filed a notice of motion to compel discovery on July 30, 20181, and set the matter for

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hearing on August 20, 2018. (Doc. 34) Local Rule 251(a) required the parties to file a Joint Statement

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re Discovery Disagreement “at least seven (7) days before the scheduled hearing date.” Thus, the joint

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statement was due no later than August 13, 2018. Local Rule 251 also informs the parties that “[t]he

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hearing may be dropped from the calendar without prejudice” when a joint statement is not timely

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filed.

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The parties failed to file any joint statement by the deadline of August 13, 2018.2 As a result,
the Court dropped the motion from its calendar and vacated the hearing date of August 20, 2018. (Doc.

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Notably, Plaintiff was directed to file any motion to compel no later than July 20, 2018. (Doc. 29)
In the notice of motion to compel, Plaintiff acknowledged a joint statement was to be filed “seven days prior to
the hearing” in the notice of motion to compel. (Doc. 34 at 2)
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35)
Accordingly, the Court ORDERS: Plaintiff’s request to set a hearing date on the motion is
denied as MOOT.

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IT IS SO ORDERED.
Dated:

August 15, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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