Best Buy Stores, L.P. v. Manteca Lifestyle Center, LLC
Filing
166
ORDER signed by Magistrate Judge Kendall J. Newman on 4/25/12 denying without prejudice 164 Motion to Compel. (Matson, R)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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BEST BUY STORES, L.P., a Virginia
Limited Partnership,
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Plaintiff,
No. 2:10-cv-00389 WBS KJN
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v.
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MANTECA LIFESTYLE CENTER,
LLC,
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Defendant.
ORDER
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On April 24, 2012, defendant filed a motion to compel a further deposition of
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plaintiff and responses to requests for production, which relate to recent closures of certain Best
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Buy Stores (Dkt. No. 164). For the reasons stated below, the undersigned denies defendant’s
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motion to compel without prejudice and vacates the May 10, 2012 hearing date noticed by
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defendant.1
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As an initial matter, the undersigned drops defendant’s motion to compel from the
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court’s May 10, 2012 civil law and motion calendar because defendant defectively noticed its
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motion. Specifically, defendant only provided 16 days of notice despite the fact that Local
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This case was referred to the undersigned pursuant to Eastern District of California Local
Rule 302(c)(1) and 28 U.S.C. § 636(b)(1).
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Rule 251(a) requires “at least 21 days” of notice. Defendant has not argued that its motion falls
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within an exception to the 21-day notice requirement provided in Local Rule 251(e).
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Additionally, the undersigned denies defendant’s motion to compel without
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prejudice because defendant essentially admits that it did not meet and confer with plaintiff
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before filing its motion. Local Rule 251(b) provides that discovery motions will not be heard
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unless “the parties have conferred and attempted to resolve their differences,” and that “[c]ounsel
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for all interested parties shall confer in advance of the filing of the motion or in advance of the
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hearing of the motion in a good faith effort to resolve the differences that are the subject of the
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motion.” Defendant asserts, with no reliance on documents or a declaration, that plaintiff
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“rejected any attempt by [defendant] to re-open or extend discovery to obtain [the] information”
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that is the subject of this discovery dispute. (Mot. to Compel at 3.) Instead of meeting and
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conferring in good faith in advance of filing the present motion, defendant “filed this motion . . .
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simultaneously with propounding discovery in an effort to expedite the resolution of this
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discovery dispute.” (Id.) Defendant offers the following as its unsubstantiated basis for side-
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stepping the court’s Local Rules: “Because [plaintiff] already has announced its refusal to
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respond to any discovery by [defendant] on its store closures, and given that trial is scheduled to
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begin June 12, 2012, [defendant] did not engage in the futile act of propounding discovery,
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waiting 30 days, and then filing this motion.” (Id.) Although defendant would like to have its
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motion heard on its own preferred schedule, the Local Rules, and not defendant’s preference,
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govern the filing of motions in this court. The undersigned notes that defendant did not follow
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the approach authorized by Local Rule 251(a), which permits parties to have a discovery dispute
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heard on seven days of notice. See Local Rule 251(a) (“If the notice of motion and motion are
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filed concurrently with the Joint Statement, the motion shall be placed on the next regularly
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scheduled calendar for the Magistrate Judge or Judge hearing the motion at least seven (7) days
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thereafter.”).
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Accordingly, IT IS HEREBY ORDERED that defendant’s motion to compel (Dkt.
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No. 164) is denied without prejudice.
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IT IS SO ORDERED.
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DATED: April 25, 2012
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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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