Simmons et al v. Bauer Rentals et al

Filing 15

ORDER DENYING PLAINTIFFS' MOTION TO COMPEL FURTHER DISCOVERY RESPONSES AS MOOT and ORDER VACATING MARCH 27, 2024 AND APRIL 22, 2024 HEARING DATES, signed by Magistrate Judge Stanley A. Boone on 03/26/2024. IT IS HEREBY ORDERED that Plaintiffs&# 039; motion to withdraw (ECF No. 14 ) is construed as a status report regarding compliance with the motion to compel further discovery responses and the hearing set for April 22, 2024, at 10:00 a.m. in Courtroom 9 is VACATED. Plaintiffs' motion to compel further discovery responses (ECF No. 10 ) is denied as moot and the continued hearing set for March 27, 2024, at 10:00 a.m. in Courtroom 9, is VACATED. (Nguyen, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KIMEKA SIMMONS, et al.,
Plaintiffs,

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Case No. 1:23-cv-00523-JLT-SAB
ORDER DENYING PLAINTIFFS’ MOTION
TO COMPEL FURTHER DISCOVERY
RESPONSES AS MOOT

v.

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BAUER RENTALS, et al.,

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Defendants.

ORDER VACATING MARCH 27, 2024
AND APRIL 22, 2024 HEARING DATES
(ECF Nos. 10, 14)

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On October 24, 2024, Plaintiffs filed a motion to compel further discovery responses.

18 (ECF No. 10.) On January 10, 2024, the parties filed a joint statement regarding the discovery
19 disagreement. (ECF No. 11.) The Court heard the motion on January 24, 2024 and, after
20 discussion on the record, the parties agreed to continue the hearing until March 27, 2024 to allow
21 time to produce requested information and meet and confer. Plaintiffs agreed to inform the
22 Court if their requests were satisfied in the interim and, if so, would request the continued
23 hearing date be taken off calendar. On March 25, 2024, the Court ordered the parties to file a
24 status report regarding the remaining discovery issues that required an order from the Court.
25 (ECF No. 13.)
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On March 25, 2024, Plaintiff filed a motion to withdraw their motion to compel further

27 discovery responses and set a hearing on the matter on April 22, 2024. (ECF No. 14.) In their
28 instant motion, Plaintiffs submit that the motion to withdraw is made on the grounds that
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1 Defendants have provided adequate responses to the discovery requests. (Id. at 2.) Given
2 Plaintiffs have received compliance with their motion, the Court finds the appropriate action is to
3 construe Plaintiffs’ motion to withdraw as a status report regarding compliance with their motion
4 to compel. Consequently, Plaintiffs’ motion to compel further discovery responses is now moot
5 and is denied on that basis.
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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiffs’ motion to withdraw (ECF No. 14) is construed as a status report regarding

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compliance with the motion to compel further discovery responses and the hearing set

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for April 22, 2024, at 10:00 a.m. in Courtroom 9 is VACATED; and
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Plaintiffs’ motion to compel further discovery responses (ECF No. 10) is denied as

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moot and the continued hearing set for March 27, 2024, at 10:00 a.m. in Courtroom 9,

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is VACATED.

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IT IS SO ORDERED.

15 Dated:

March 26, 2024
UNITED STATES MAGISTRATE JUDGE

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