Stiles v. Wal-Mart Stores Inc, et al

Filing 181

ORDER signed by Magistrate Judge Dennis M. Cota on 1/3/2019 DROPPING 176 Motion to Compel from the court's calendar without prejudice and VACATING the hearing scheduled for 1/9/2019. (Henshaw, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SHARIDAN STILES, et al.,

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Plaintiffs,

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v.

No. 2:14-CV-2234-MCE-DMC

ORDER

WALMART, INC., et al.,
Defendants.

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AND RELATED COUNTER-ACTIONS

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Plaintiffs, who are proceeding with retained counsel, bring this civil action

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alleging intellectual and antitrust claims. Pending before the court is plaintiff’s motion to compel

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(Doc. 176). On December 12, 2018, the court approved the parties’ stipulation to continue the

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hearing on plaintiff’s motion to January 9, 2019, with a joint statement pursuant to Eastern

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District of California Local Rule 251 due by January 2, 2019. Under Local Rule 251(a), if there

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has been a failure to meet and confer, the moving party shall file an affidavit to that effect in lieu

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of the joint statement. Because the parties have not filed a timely joint statement, and because

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plaintiff has not filed a timely affidavit regarding a failure to meet and confer, the matter is

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dropped from the court’s hearing calendar without prejudice, and terminated as a pending motion.

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See Local Rule 251(a).
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Accordingly, IT IS HEREBY ORDERED that:

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calendar without prejudice pursuant to Local Rule 251(a);

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The hearing scheduled for January 9, 2019, before the undersigned in

Redding, California, is vacated; and

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Plaintiff’s motion to compel (Doc. 176) is dropped from the court’s

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The Clerk of the Court is directed to terminate Doc. 176 as a pending

motion.

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Dated: January 3, 2019
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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