Cathey v. City of Vallejo, et al.

Filing 34

ORDER signed by Magistrate Judge Allison Claire on 7/28/15 ORDERING that the court's August 12, 2015 hearing on plaintiff's amended motion regarding the protective order, ECF No. 22 , and amended motion to compel, ECF No. 23 , is continued to August 26, 2015; and the parties' oppositions, ECF Nos. 32 & 27 , are STRICKEN. (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DESHAWN CATHEY,

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Plaintiff,

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No. 2:14-cv-01749-JAM-AC

v.

ORDER

CITY OF VALLEJO, et al.,

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Defendants.

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Defendants have filed a notice stating that counsel, Furah Z. Faruqui, will be out of the

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country from August 12, 2015 to August 24, 2015. ECF No. 33. Currently, plaintiff’s amended

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motion regarding the protective order, ECF No. 22, and amended motion to compel, ECF No. 23,

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are scheduled for hearing on August 12, 2015. ECF No. 24. In light of defendants’ notice of

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unavailability, the court will continue the hearing on plaintiff’s amended motion regarding the

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protective order and amended motion to compel to August 26, 2015.
In addition, on July 22, 2015, plaintiff filed an opposition to defendants’ motion to

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compel. ECF No. 32. Then, a day later, defendants filed an opposition to plaintiff’s motion to

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compel. ECF No. 27. Local Rule 251(a) requires parties to meet and confer in order for their

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discovery motions, including motions to compel, to be heard. In addition, the undersigned’s case

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management procedures require that such meetings be held either in person, over the phone, or

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via video conferencing.1 Meet and confers conducted through writing alone are insufficient.

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If the moving party is still dissatisfied after the parties have met and conferred, then all

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parties involved must submit a joint statement seven days before the scheduled hearing date.

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Local Rule 251(a). The parties’ joint statement must include (1) the details of their conference or

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conferences; (2) a statement summarizing the nature of the action and the relevant factual

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disputes as well as the issues to be determines at the hearing; and (3) the contentions of each party

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with regards to each contested issue. Local Rule 251(c). The parties’ oppositions do not comply

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with Local Rule 251 and accordingly, they will be stricken. In order for the parties’ motions to

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compel to be heard they must meet and confer and file joint statements per the local rules and the

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court’s instructions.

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In accordance with the foregoing, THE COURT HEREBY ORDERS that:

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1. The court’s August 12, 2015 hearing on plaintiff’s amended motion regarding the

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protective order, ECF No. 22, and amended motion to compel, ECF No. 23, is continued to

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August 26, 2015; and

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2. The parties’ oppositions, ECF Nos. 32 & 27, are STRICKEN.
DATED: July 28, 2015

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___________/S/ Allison Claire__________
ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE

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The undersigned’s case management procedures can be found online at
http://www.caed.uscourts.gov/caednew/index.cfm/judges/all-judges/united-states-magistratejudge-allison-claire-ac/.
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