Johnson v. Saleh et al

Filing 11

ORDER signed by Magistrate Judge Kendall J. Newman on 6/15/15. No later than 6/30/15 the parties shall meet and confer to explore potential settlement options and file a joint status report. The 6/18/15 hearing is VACATED. (Manzer, C)

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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-2153-GEB-KJN

Plaintiff,
v.

ORDER

MAHMOUD S. SALEH, 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 June 18, 2015. (ECF No. 10.) However, upon review of the briefing

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submitted, it appears that defendants, who are represented by counsel, did not participate in the

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drafting of the joint statement regarding the discovery disagreement required by Local Rule 251.

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Defendants’ failure to respond to plaintiff’s contentions as contemplated by Local Rule 251

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significantly hampers the court’s ability to resolve the motion on the merits and is potentially

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sanctionable absent a satisfactory showing of good cause for the failure. Nevertheless, in light of

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the court’s concern discussed below, the court defers consideration of the motion and any

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potential sanctions, and vacates the June 18, 2015 hearing, subject to potential rescheduling.

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The court’s record does not reveal that the parties have yet engaged in any meaningful
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. No later than June 30, 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 June 18, 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 15, 2015

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