Stiles v. Wal-Mart Stores Inc, et al

Filing 365

ORDER signed by Magistrate Judge Dennis M. Cota on 2/7/2020 STRIKING 357 Motion to Compel without prejudice as improperly noticed; ORDERING 362 Motion to Strike is submitted without oral argument; GRANTING Walmart until 2/21/2020 to file an Opposition to 362 Motion to Strike with plaintiff's Reply due by 2/28/2020; and VACATING the 2/12/2020 and 3/5/2020 hearings in Redding. (Coll, A)

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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-TLN-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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Pending before the court are: (1) plaintiffs’ motion to compel, see ECF No. 357; and (2)

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plaintiffs’ motion to strike, see ECF No. 362.

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Plaintiffs’ motion to compel, filed and served on February 5, 2020, with a hearing

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noticed for February 12, 2020, is improperly noticed. Eastern District of California Local Rule

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251 governs discovery motions. Under that rule, discovery motions may be heard on 21 days’

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notice, with a joint statement regarding discovery dispute due seven days prior to the noticed

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hearing date. See Local Rule 251(a). Where a joint statement cannot be filed due to the non-

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cooperation of the opposing party, counsel for the moving party may file a declaration in lieu of a

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joint statement. See Local Rule 251(d). A discovery motion may be heard on as few as seven
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days’ notice if the notice of motion and joint statement are filed concurrently. See Local Rule

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251(a). Motions may also be heard on shortened notice if the court so orders, either upon

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application or stipulation.

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In this case, plaintiffs’ motion is set for hearing on seven days’ notice. Plaintiffs

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have not, however, either obtained an order shortening time or filed their motion with the joint

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statement. Plaintiffs’ motion will, therefore, be stricken as improperly noticed and the February

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12, 2020, hearing before the undersigned will be vacated. Plaintiffs may re-file their motion

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pursuant to the notice provisions of Local Rule 251 or seek an order shortening time.

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Plaintiff’s motion to strike, which has been noticed for hearing before the

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undersigned on March 5, 2020, will be submitted without oral argument and the March 5, 2020,

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hearing will be vacated. See Local Rule 230(g). Walmart may file an opposition to plaintiffs’

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motion to strike on or before February 21, 2020, and plaintiffs may file a reply on or before

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February 28, 2020.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Plaintiffs’ motion to compel (ECF No. 357) is stricken as improperly

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noticed without prejudice to plaintiffs re-filing their motion on proper notice of after obtaining an

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order shortening time;

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2.

Plaintiffs’ motion to strike (ECF No. 362) is submitted without oral

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Walmart may file an opposition to plaintiffs’ motion to strike on or before

argument;

February 21, 2020, and plaintiffs may file a reply on or before February 28, 2020; and
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The hearing set in the matter before the undersigned in Redding,

California, on February 12, 2020, at 10:00 a.m., and March 5, 2020, at 10:00 a.m. are vacated.

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Dated: February 7, 2020
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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