Anderson v. Benedict

Filing 52

ORDER signed by Magistrate Judge Gregory G. Hollows on 10/17/2013 ORDERING Defendant to file, within seven days, a response to Plaintiff's October 11, 2013 letter explaining the reasons for the failure to meet and confer and file a joint statement; DENYING, without prejudice, 50 Motion for Summary Judgment as defectively filed. (Michel, G)

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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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Plaintiff,

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

v.

ORDER

MCM CONSTRUCTION, INC.,

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Defendant.

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By order of September 25, 2013, the parties were directed to meet and confer with respect

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to plaintiff’s motion to compel and to file a joint statement by October 10, 2013. A joint

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statement has not been filed; however, plaintiff has filed a letter indicating that he tried to

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schedule a meet and confer but was told it was unnecessary.1 (ECF No. 50.) Defendant has not

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filed a response to this letter.

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Accordingly, IT IS ORDERED that:

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1. Within seven days of this order, defendant file shall file a response to plaintiff’s

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October 11, 2013 letter explaining the reasons for the failure to meet and confer and file a joint

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statement. Failure to file a response will result in sanctions.

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To the extent that this letter requests summary judgment, it is denied as improperly noticed and
briefed. See E.D. Local Rule 260.
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2. Plaintiff’s motion for summary judgment, filed October 11, 2013, (ECF No. 50), is

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denied without prejudice as defectively filed.

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Dated: October 17, 2013

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/s/ Gregory G. Hollows

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UNITED STATES MAGISTRATE JUDGE

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GGH:076/Anderson2833.ord

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