Johnson v. Kehoe III et al

Filing 12

ORDER signed by Magistrate Judge Kendall J. Newman on 12/29/2014. Plaintiff's 10 Motion to Compel Hearing is CONTINUED to 1/29/2015 at 10:00 AM in Courtroom 25 (KJN). Within 14 days of this Order, parties shall conduct a good-faith meet-and-co nfer sessioneither in person, or at a minimum, by telephone. The mere exchange of letters or e-mails is insufficient. If parties are able to informally resolve their Discovery disagreements during the meet-and-confer session, plaintiff shall file a Notice of Withdrawal of Motion no later than 1/22/2015. (Marciel, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SCOTT JOHNSON,

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No. 2:14-cv-0449-TLN-KJN

Plaintiff,
v.

ORDER

BASIL T. KEHOE III, et al.,
Defendants.

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Pending before the court is plaintiff’s motion to compel both initial and supplemental

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responses to discovery requests and for discovery sanctions, presently set for hearing on January

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8, 2015. (ECF No. 10.) Plaintiff asserts that he is proceeding without filing a joint statement in

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light of defendants’ complete failure to respond to some discovery requests and defendants’

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failure to meaningfully meet and confer with plaintiff. (Id.)

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Because defendants have responded to at least some of the discovery requests at issue in

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plaintiff’s motion, and because plaintiff’s motion does not seek only the imposition of sanctions,

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the motion is not automatically exempt from the joint statement requirement pursuant to Local

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Rule 251(e). Additionally, the court disfavors hearing discovery motions concerning issues about

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which the parties have not conferred in person, or at the very least, by telephone. Accordingly,

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the court continues the hearing, and directs the parties to conduct a proper meet-and-confer

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session. If any discovery issues remain after good-faith meet-and-confer efforts are exhausted,
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the parties shall then prepare and file a joint statement regarding their discovery disagreements.

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Defendants are cautioned that failure to cooperate in the scheduling of the above-mentioned meet-

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and-confer session, failure to meaningfully participate in that session, and/or failure to participate

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in the drafting of any joint statement may result in the imposition of appropriate sanctions.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The January 8, 2015 hearing on plaintiff’s motion to compel (ECF No. 10) is

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VACATED and CONTINUED to January 29, 2015, at 10:00 a.m., in Courtroom No.

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25 before the undersigned.

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2. Within fourteen (14) days of this order, the parties shall conduct a good-faith meet-

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and-confer session—either in person, or at a minimum, by telephone. The mere

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exchange of letters or e-mails is insufficient.

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3. If the parties are able to informally resolve their discovery disagreements during the

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meet-and-confer session, plaintiff shall file a notice of withdrawal of the motion no

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later than January 22, 2015.

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4. If any discovery issues remain after good-faith meet-and-confer efforts are exhausted,

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the parties shall then prepare and file a joint statement regarding their discovery

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disagreements no later than January 22, 2015. The joint statement shall specifically

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outline the parties’ meet-and-confer efforts, and explain how the remaining issues

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have been narrowed by such meet-and-confer efforts.

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5. Alternatively, and in lieu of filing a joint statement regarding their discovery

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disagreements, the parties may agree to conduct an early settlement conference before

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the undersigned (with an appropriate waiver of disqualification) or another magistrate

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judge. Any stipulation in that regard shall be filed no later than January 22, 2015.

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6. Failure to cooperate in the scheduling of the above-mentioned meet-and-confer

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session, failure to meaningfully participate in that session, and/or failure to participate

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in the drafting of any joint statement may result in the imposition of appropriate

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sanctions.

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IT IS SO ORDERED.
Dated: December 29, 2014

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