Johnson v. Kehoe III et al

Filing 15

ORDER signed by Magistrate Judge Kendall J. Newman on 1/23/15 ORDERING that Plaintiff's MOTION to COMPEL 10 is DENIED without prejudice for failure to file a joint statement regarding the discovery disagreement in accordance with the Court's order. The 1/29/15 hearing is VACATED.(Mena-Sanchez, L)

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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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Plaintiff,

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

v.

ORDER

BASIL T. KEHOE III, et al.,

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Defendants.

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On December 30, 2014, the court issued an order continuing the hearing on plaintiff’s

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motion to compel (ECF No. 10) to January 29, 2015. (ECF No. 12.) The order required the

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parties to conduct a good-faith meet-and-confer session—either in person, or at a minimum, by

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telephone. (Id.) For the reasons discussed in that order, the court further directed the parties to

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file: (a) a joint statement regarding their discovery disagreement; OR (b) a notice of withdrawal

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of the motion upon informal resolution of the discovery issues; OR (c) a stipulation to conduct a

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settlement conference no later than January 22, 2015. (Id.)
Although the January 22, 2015 deadline has now passed, no joint statement regarding the

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discovery disagreement, notice of withdrawal of the motion, or stipulation to conduct a settlement

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conference was filed.1 Nor did plaintiff, as the moving party, file any statement as to why these

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above documents could not have been timely filed.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion to compel (ECF No. 10) is denied without prejudice for failure to

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file a joint statement regarding the discovery disagreement in accordance with the

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court’s order.

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2. The January 29, 2015 hearing is vacated.

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IT IS SO ORDERED.

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Dated: January 23, 2015

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The record indicates that the assigned district judge issued a minute order scheduling a
settlement conference before Magistrate Judge Brennan. (ECF No. 13.) Because the parties did
not file a stipulation to a settlement conference on the record, it is unclear whether the district
judge set a settlement conference based on the parties’ request or on his own motion.
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