Schmuckley et al v. Rite Aid Corporation

Filing 162

ORDER signed by Magistrate Judge Edmund F. Brennan on 11/26/2018 DENYING the 151 discovery motion and VACATING the 11/28/2018 hearing. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA, et al.,
ex rel. LOYD F. SCHMUCKLEY, JR.,
Plaintiffs,

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ORDER
v.
RITE AID CORPORATION,
Defendant.

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STATE OF CALIFORNIA, ex rel. LOYD
F. SCHMUCKLEY, JR.,
Plaintiffs,

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No. 2:12-cv-1699-KJM-EFB

v.
RITE AID CORPORATION,
Defendant.

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Plaintiff State of California filed a motion for a protective order regarding a deposition,

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and noticed the motion for hearing on November 28, 2018. ECF No. 151. Local Rule 251(a)

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provides that the Joint Statement Re Discovery Disagreement must be filed at least seven days

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before the scheduled hearing date or, in this instance, by November 21, 2018. Local Rule 251(a)

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also provides that the hearing on a discovery motion may be dropped from calendar without

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prejudice if the Joint Statement re Discovery Disagreement is not timely filed. Id.

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Although the deadline has passed, the docket reflects that no Joint Statement re Discovery

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Disagreement has been filed in connection with the State of California’s motion for a protective

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order. Therefore, the discovery motion (ECF No. 151) is denied without prejudice and the

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November 28, 2018 hearing thereon is vacated.

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So Ordered.
DATED: November 26, 2018.

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