Radchuck et al v. City of Citrus Heights et al

Filing 14

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/3/12 ORDERING that the parties shall meet and confer and file a joint statement that complies with E.D. Cal. L.R. 251(c) no later than 1/18/2012. Defendants' Motion to appear telephonically is taken under submission. (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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MARINA RADCHUCK et al.

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Plaintiffs,

No. CIV S-11-486 JAM CKD

vs.
CITY OF CITRUS HEIGHTS, et al.,

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ORDER
Defendants.

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On December 30, 2011, defendants filed a motion to compel noticed for hearing

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on February 1, 2012 at 10:00 a.m. (Dkt. No. 13.) Defendants also submitted a declaration

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indicating that plaintiffs have failed to meet and confer in an attempt to resolve the parties’

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discovery dispute informally. (Id.)

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The parties are advised that a discovery motion will generally not be heard unless

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(1) the parties have conferred or attempted to resolve their differences and (2) the parties have set

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forth their differences and the bases therefor in a joint statement regarding the discovery

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disagreement. E.D. Cal. L.R. 251(b). In light of the February 1, 2012 hearing date, sufficient

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time remains to meet and confer pursuant E.D. Cal. L.R. 251(b) and submit a joint statement that

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complies with E.D. Cal. L.R. 251(c). Accordingly, the parties will be ordered to meet and confer
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and file a joint statement by January 18, 2012. If either party is unable to secure the opposing

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party’s cooperation in conferring and preparing the joint statement, the requirements of E.D. Cal.

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L.R. 251(d) may be followed. However, the parties are cautioned that the refusal of any counsel

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to participate in a discovery conference, or refusal without good cause to execute the required

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joint statement, shall be grounds for entry of an order adverse to the party represented by counsel

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so refusing or adverse to counsel, or any other appropriate sanctions. See E.D. Cal. L.R. 251(d).

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Defendants’ counsel has also filed a motion to appear telephonically for the

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hearing on the motion to compel. (Dkt. No. 13-4.) The court will take the motion under

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submission until it has had an opportunity to review the parties’ joint statement.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The parties shall meet and confer pursuant E.D. Cal. L.R. 251(b) and file a

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joint statement that complies with E.D. Cal. L.R. 251(c) no later than January 18, 2012.
2. Defendants’ motion to appear telephonically is taken under submission.
Dated: January 3, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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CKD/5
Radchuck.486.251.wpd

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