Freeman v. Y's Fries, Inc.

Filing 23

ORDER signed by Magistrate Judge Kendall J. Newman on 6/9/14. Plaintiff's counsel is directed to familiarize himself with LR 251 and to meet and confer with defendant's counsel in accordance with LR 251(b). If the parties are unable to re solve their entire discovery dispute informally, they shall file a joint statement no later than 7 days prior to the Motion Hearing set for 7/3/2014 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. The parties shall also promptly notify the court if they resolve their discovery dispute by filing a notice of withdrawal of motion. (Manzer, C)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

SHERENA FREEMAN,

12

No. 2:13-cv-1641-LKK-KJN

Plaintiff,

13

v.

14

Y’S FRIES, INC.,

15

ORDER

Defendant.

16
17

On June 5, 2014, plaintiff inadvertently filed a motion to compel certain discovery

18

responses before the assigned district judge. (ECF No. 18.) The next day, on June 6, 2014,

19

plaintiff re-filed the motion and noticed it before the undersigned for a hearing on July 3, 2014.

20

(ECF No. 21.) The motion to compel is accompanied by a memorandum of points and authorities

21

and a declaration.

22

Plaintiff’s motion fails to comply with the requirements of Local Rule 251, which

23

specifically governs motions dealing with discovery matters. Plaintiff’s counsel is directed to

24

familiarize himself with Local Rule 251, and to meet and confer with defendant’s counsel in

25

accordance with Local Rule 251(b). If the parties are unable to resolve their entire discovery

26

dispute informally, they shall file a joint statement regarding their discovery disagreement (as

27

narrowed by meet and confer discussions) in accordance with Local Rule 251(c) no later than

28

seven (7) days prior to the noticed hearing. The joint statement shall comply with all the specific
1

1

requirements of Local Rule 251(c). The court will only consider arguments raised in the parties’

2

joint statement, and plaintiff’s presently-filed memorandum of points and authorities will be

3

disregarded.1

4

Failure to file a joint statement in compliance with Local Rule 251 by the required

5

deadline will result in the July 3, 2014 hearing being vacated, a summary denial of the motion to

6

compel, and the potential imposition of sanctions.

7

If the parties desire additional time to informally meet and confer regarding their

8

discovery dispute, the parties may file a stipulation for continuance of the hearing for the court’s

9

consideration. The parties shall also promptly notify the court if they have resolved their

10

discovery dispute by filing a notice of withdrawal of the motion.

11
12

IT IS SO ORDERED.
Dated: June 9, 2014

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

1

However, the court will consider any appropriate and relevant declarations already filed or to be
filed along with the joint statement, as long as such declarations are not utilized to circumvent the
briefing requirements of Local Rule 251.
2