Wolf, et al., v. Langemeier, et al.,

Filing 105

ORDER signed by Magistrate Judge Edmund F. Brennan on 11/9/12 ORDERING that Motion to Compel 101 is DENIED without prejudice and the 11/14/12 hearing is VACATED. (Mena-Sanchez, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TAMSCO PROPERTIES, LLC; JKR
LASER INVESTMENT, LLC; SURFER
BEACH, LLC; TO BE DETERMINED, LLC,
Plaintiffs,

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No. 2:09-cv-3086-GEB-EFB

vs.
LORAL LANGEMEIER; LIVE OUT
LOUD, INC.,

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Defendants.
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ORDER
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On October 12, 2012, plaintiffs filed a motion to compel defendants to provide plaintiffs

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with copies of any insurance policies that may satisfy all or a part of a judgment in this action, as

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required by Federal Rules of Civil Procedure 26(a)(1)(A)(iv) and 37(a)(3)(A). Dckt. No. 101.

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Plaintiffs noticed the motion for hearing before the undersigned on November 14, 2012. Id.

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Defendants oppose the motion, arguing that there is nothing to compel since defendants have

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moved to compel arbitration and that if the motion is granted, the discovery requests will be

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moot because plaintiffs will be required to arbitrate their claims. Defendants further point out

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that if the motion is denied, defendants have agreed to voluntarily produce the insurance policies

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at issue. Dckt. No. 103 at 2. Therefore, defendants request that the motion to compel be denied

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without prejudice or continued until after the motion to compel arbitration has been heard. Id.
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The motion to compel arbitration is noticed for hearing before the assigned district judge on

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November 19, 2012. Dckt. No. 100.

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Because it appears that the court’s ruling on defendants’ motion to compel arbitration

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may resolve the issues set forth in plaintiffs’ motion to compel production of defendants’

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insurance policies, Dckt. No. 101, that motion is denied without prejudice and the November 14,

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2012 hearing thereon is vacated. If the court’s ruling on defendants’ motion to compel

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arbitration and the subsequent meet and confer process between the parties (as required by Local

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Rule 251(b) and Federal Rule of Civil Procedure 37(a)(1)) do not resolve the issues set forth in

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plaintiffs’ motion to compel, plaintiffs may re-notice the motion for hearing in accordance with

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Local Rule 251.

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SO ORDERED.

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DATED: November 9, 2012.

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