Johnson v. Zarakani et al

Filing 43

ORDER signed by Magistrate Judge Kendall J. Newman on 6/24/2015 ORDERING 42 By no later than 7/14/2015, the parties shall meet and confer, at a minimum by telephone, to explore potential settlement options and shall file a joint status report; the 7/2/2015 hearing is VACATED; Upon review of the parties' joint status report, the court will further schedule any settlement proceedings and/or motion practice. (Reader, 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-0696-MCE-KJN

v.

ORDER

SAEED ZARAKANI, et al.,

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Defendants.

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Pending before the court is plaintiff’s motion to compel various discovery responses,

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presently set for hearing on July 2, 2015. (ECF No. 42.) However, upon review of the briefing

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submitted, it appears that the remaining defendant, Mardan, Inc., which is represented by counsel,

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did not participate in the drafting of the joint statement regarding the discovery disagreement

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required by Local Rule 251. Defendant’s failure to respond to plaintiff’s contentions as

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contemplated by Local Rule 251 significantly hampers the court’s ability to resolve the motion on

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the merits and is potentially sanctionable absent a satisfactory showing of good cause for the

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failure. Nevertheless, in light of the court’s concern discussed below, the court defers

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consideration of the motion and any potential sanctions, and vacates the July 2, 2015 hearing,

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subject to potential rescheduling.

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The court’s record does not reveal that the parties have yet engaged in any meaningful

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settlement discussions. Therefore, in an attempt to avoid the accumulation of attorneys’ fees

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through potentially unnecessary motion practice and hearings, the court orders the parties to first

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meet and confer to explore settlement.

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Accordingly, IT IS HEREBY ORDERED that:

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1. By no later than July 14, 2015, the parties shall meet and confer, at a minimum by

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telephone, to explore potential settlement options and shall file a joint status report

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outlining: (a) when and where the meet-and-confer session took place; (b) who was

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present; (c) whether a settlement conference before the undersigned (with a waiver of

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disqualification by all parties) or another magistrate judge should be scheduled; and

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(d) any other information the parties deem pertinent.

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2. The July 2, 2015 hearing is vacated.

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3. Upon review of the parties’ joint status report, the court will further schedule any

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settlement proceedings and/or motion practice.
IT IS SO ORDERED.
Dated: June 24, 2015

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