Becker et al v. Wells Fargo Bank, NA, Inc. et al

Filing 166

ORDER signed by Magistrate Judge Kendall J. Newman on 10/16/13: An Informal Discovery Teleconference is set for 10/22/2013 at 02:30 PM before Magistrate Judge Kendall J. Newman. Joint two-page letter regarding meet and confer efforts due on or before 10/18/13. (Manzer, C)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

DENNLY R. BECKER, et al.,

12
13
14
15

No. 2:10-cv-02799 TLN KJN PS

Plaintiffs,
v.

ORDER

WELLS FARGO BANK, NA, INC., et al.,
Defendants.

16
17

On October 15, 2013, plaintiff Dennly R. Becker (“plaintiff”) contacted the undersigned’s

18

courtroom deputy to schedule an informal discovery teleconference pursuant to orders issued on

19

September 25 and October 3, 2013. (ECF Nos. 163 at 4 (requiring the parties to request

20

telephonic conferences before completing any further discovery filings); 164 at 3-4 (same).)

21

Plaintiff informed the undersigned’s courtroom deputy that the parties have met and

22

conferred in good faith about their discovery dispute and have been unable to resolve it. Plaintiff

23

also informed the undersigned’s courtroom deputy that both parties can be available for a

24

teleconference with the undersigned on Tuesday, October 22, 2013.

25

Accordingly, IT IS HEREBY ORDERED THAT:

26

1. Pursuant to the undersigned’s prior orders (ECF Nos. 163-64), an informal discovery

27

teleconference will occur at 2:30 p.m. on Tuesday, October 22, 2013. The

28

undersigned’s courtroom deputy will telephone both parties and connect the
1

1

teleconference at that time.

2

2. On or before Friday, October 18, 2013, the parties shall email the requisite two-page

3

joint letter to [e-mail]. The two-page joint letter shall briefly

4

explain what meet and confer efforts have occurred to date and shall summarize the

5

dispute at issue. (See ECF No. 163 at 4.) Pages exceeding the two-page limit will not

6

be considered; however, if it becomes apparent that traditional written briefing will be

7

necessary to fully address the dispute, the undersigned will order such briefing.

8

3. If the undersigned learns that this particular teleconference was scheduled in bad faith

9

or prior to completion of genuine meet and confer efforts, sanctions will issue. As

10
11

prior orders have emphasized,

15

[t]he informal telephonic discovery conferences described above
will not necessarily be on the record; however, the court will
maintain the power to issue monetary and other sanctions during
such conferences, including for failures to meet and confer in good
faith or abuses of the discovery process. Implementation of these
telephonic conferences will under no circumstances give the parties
a “free pass” to gain the court’s audience on every single minor
discovery disagreement that may arise. If the telephonic
conferences are abused, sanctions will issue.

16

(ECF No. 163 at 4.) Likewise, if the undersigned learns that either party needlessly

17

perpetuated this particular discovery dispute, sanctions will issue.

18

IT IS SO ORDERED.

12
13
14

19

Dated: October 16, 2013

20
21
22
23
24
25
26
27
28
2