Arch Insurance Company v. Sierra Equipment Rental, Inc. et al

Filing 88

ORDER signed by Magistrate Judge Kendall J. Newman on 2/15/2013 ORDERING 78 No later than Tuesday 2/19/2013, at 12:00 PM, plaintiff and defendant Trust shall file a joint statement identifying specifically what issues, within the scope of the pres ently pending motion to compel, remain for resolution, if any; Failure to timely file the joint statement will result in an order denying the motion to compel without prejudice; In the alternative, if the parties have resolved their dispute regarding issues within the scope of the presently pending motion to compel, plaintiff shall file a notice withdrawing the motion no later than Tuesday 2/19/2013, at 12:00 PM. (Reader, 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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ARCH INSURANCE COMPANY,

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Plaintiff,

No. 2:12-cv-0617 KJM KJN

v.
SIERRA EQUIPMENT RENTAL, INC.,
et al.

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Defendants.
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ORDER
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Presently pending before the court is a motion to compel filed by plaintiff Arch

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Insurance Company. (Dkt. No. 78.) The motion seeks to compel defendant Carolyn S. Scarola,

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as Trustee of the Dry Creek Ranches Trust (the “Trust”) to (1) permit inspection of documents

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and things responsive to certain document requests contained in plaintiff’s Requests for

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Production to the Trust served on July 20, 2012, and (2) produce a witness for deposition in

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accordance with plaintiff’s Notice of Deposition of the Trust pursuant to Fed. R. Civ. P. 30(b)(6)

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served on October 18, 2012. (Dkt. Nos. 78, 82.) A hearing on the motion was initially noticed

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for January 17, 2013, and plaintiff and defendant Trust filed their joint statement and supporting

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documentation regarding the motion on January 10, 2013, in accordance with Local Rule 251.

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(Dkt. No. 79, 82.) However, during a brief telephonic conference with counsel for plaintiff and

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defendant Trust on January 16, 2013, the hearing was continued until February 21, 2013 to allow
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the parties additional time to resolve their discovery dispute and resolve certain issues related to

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the bankruptcy filings by some of the other defendants. (Dkt. No. 85.) To date, the parties have

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not filed a supplemental joint statement apprising the court of the status of the motion to compel.

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In light of the above, IT IS HEREBY ORDERED that:

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1. No later than Tuesday February 19, 2013, at 12:00 p.m., plaintiff and defendant

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Trust shall file a joint statement identifying specifically what issues, within the scope of the

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presently pending motion to compel, remain for resolution, if any. Unless pertinent to any

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development in their negotiations and meet-and-confer efforts, the parties need not submit further

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briefing regarding the remaining substantive issues that have already been briefed in the initial

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joint statement. Failure to timely file the joint statement will result in an order denying the

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motion to compel without prejudice.

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2. In the alternative, if the parties have resolved their dispute regarding issues

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within the scope of the presently pending motion to compel, plaintiff shall file a notice

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withdrawing the motion no later than Tuesday February 19, 2013, at 12:00 p.m.

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IT IS SO ORDERED.
DATE: February 15, 2013

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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