Fitzpatrick v. Fitzpatrick et al

Filing 74

ORDER signed by Magistrate Judge Allison Claire on 11/7/14. The parties are ordered to discontinue their email communications with the courtroom deputy regarding the substance of their discovery dispute. Counsel for defendants is ordered to send a courtesy copy of this order via email to plaintiff upon receipt. (Manzer, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL J. FITZPATRICK,

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No. 2:12-cv-02938 GEB AC PS

Plaintiff,
v.

ORDER

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BRIAN FITZPATRICK, et al.,

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Defendants.

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Plaintiff Michael Fitzpatrick, who proceeds pro se, has recently sent repeated email

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communications to the Courtroom Deputy Clerk for the undersigned magistrate judge, seeking

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intervention and/or assistance regarding ongoing discovery disputes. Mr. Fitzpatrick represents

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that a motion to compel discovery has been mailed to the court for filing. He appears to seek an

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“emergency” informal telephonic discovery conference, although opposing counsel has not

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agreed to submit to that process. Depositions of the parties have been ordered to take place

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between November 15 and November 20, 2014. ECF No. 73. Discovery remains open until

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February 25, 2015, and motions to compel discovery must be heard no later than February 4,

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2015. ECF No. 72. Because plaintiff professes confusion about the rules, the following

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clarification is provided.

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Motions to compel discovery are governed by Fed. R. Civ. P. 37(a) and Local Rule 251.
The moving party must file a motion that functions to notify the court of the dispute and place the
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matter on calendar, but that does not include Points and Authorities (argument). There is no

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responsive briefing on a discovery motion. Instead, with only limited exceptions, the parties are

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required to file a single document: a Joint Statement regarding the discovery dispute, containing

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the positions of both parties. It is the moving party’s obligation to draft and file the Joint

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Statement, incorporating the contributions of the other parties. The requirements for the Joint

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Statement are set out in the Local Rule. Any separate briefing is unauthorized and will be

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disregarded.

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As an alternative to this formal motion process, the undersigned offers a procedure for

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resolving discovery disputes by informal telephonic conference. The procedures for obtaining

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such a conference are set forth in the document titled “Informal Telephone Conference re

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Discovery Disputes,” which is posted on the undersigned’s page of the court’s website. An

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informal telephonic conference is available only when the party seeking discovery first obtains

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the agreement of the other party to utilize this procedure, and then contacts the courtroom deputy

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with dates and times when all parties are available for a conference. Unless all parties agree that

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this method is appropriate for resolution of their dispute, the prospective moving party may not

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avail himself of the informal process.

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Because Mr. Fitzgerald has not represented that the parties jointly seek an informal
telephonic discovery conference, none will be scheduled.

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The court will review the anticipated motion to compel in due course.

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All previously-ordered deadlines remain in place.

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The parties are HEREBY ORDERED to discontinue their email communications with the

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courtroom deputy regarding the substance of their discovery dispute. The courtroom deputy is

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the appropriate person to contact regarding the court’s calendar, arrangements for telephonic

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appearance at hearings, and to schedule an informal telephonic conference if all interested parties

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have agreed to that process. She cannot provide legal advice, including information about how to

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comply with the Rules of Civil Procedure and the Local Rules. She will not relay any

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information regarding the discovery dispute to the undersigned. Communication with the court

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off the record, including attempts to communicate with the judge via the courtroom deputy, is
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improper. With the sole exception of the joint letter authorized in relationship to an informal

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telephonic discovery conference, any information the parties wish to present to the court must be

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presented in filed documents. The courtroom deputy has been directed not to respond to further

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communications regarding matters outside the scope of her duties.

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Because plaintiff is not an electronic filer and is presently out of the country, and because

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time is of the essence given the deposition schedule, counsel for defendants is HEREBY

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ORDERED to send a courtesy copy of this order via email to plaintiff upon receipt.

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IT IS SO ORDERED.
DATED: November 7, 2014

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