Anderson v. Benedict

Filing 48

ORDER signed by Magistrate Judge Gregory G. Hollows on 9/24/13 VACATING hearing date re: 45 MOTION to COMPEL. The parties shall meet and confer on 10/3/13 at 10:00 a.m. at a mutually agreeable location, and shall file a Joint Statement by 10/10/13. Upon review of the joint statement, the court will determine whether a hearing is necessary. (Meuleman, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRYON ANDERSON,

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No. 2:10-cv-2833 LKK GGH PS

Plaintiff,
v.

ORDER

MCM CONSTRUCTION, INC.,
Defendant.

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Before the court is a filing by plaintiff wherein he states that he “would like to file a

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motion to compel.” (ECF No. 45.) He has noticed the matter for hearing on October 3, 2013.

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Defendant has filed an opposition and objections to the “motion.” If plaintiff’s filing is indeed

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construed as a motion to compel, it does not set forth the grounds for the motion. He claims only

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that evidence provided at a deposition was falsified and that he has requested information

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regarding his claims but received nothing. In a separately improperly noticed motion, (ECF No.

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42), he adds that he has asked repeatedly for a deposition, to no avail. Plaintiff does not set forth

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the discovery that he has propounded on defendant to which defendant has not responded, or

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stated whose deposition he noticed or whether he noticed any deposition. Before a party may

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move to compel, he has to have requested discovery directly from the opponent, in a manner

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permitted by the Federal Rules of Civil Procedure, and the discovery produced has to have been

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either deficient or non-existent in some way. See Fed. R. Civ. P. 26 et seq.
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Plaintiff is informed that pursuant to the Local Rules of this district, he is required to

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confer with defendant prior to the hearing in a good faith effort to resolve the discovery dispute,

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and then set forth any remaining disputed issues in a Joint Statement. E. D. Local Rule 251. The

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issues remaining in dispute must be specifically set forth and plaintiff must state which discovery

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responses are deficient and how they are deficient. If plaintiff does not comply with the Federal

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and Local Rules, his motion will be denied.

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Accordingly, IT IS ORDERED that:

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1. The hearing date for plaintiff’s motion to compel, filed September 6, 2013, is vacated

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from the calendar for October 3, 2013.

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2. The parties shall meet and confer on October 3, 2013 at 10:00 a.m., at a mutually

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agreeable location, and shall file a Joint Statement by October 10, 2013. Upon review of the joint

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statement, the court will determine whether a hearing is necessary.

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Dated: September 24, 2013

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/s/ Gregory G. Hollows

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UNITED STATES MAGISTRATE JUDGE

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GGH:076/Anderson2833.vac

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