Terry et al v. Wasatch Advantage Group, LLC et al
Filing
64
ORDER signed by Magistrate Judge Deborah Barnes on 7/24/17 ORDERING that the 7/28/17 hearing of Defendants' MOTION for DISCOVERY #63 is CONTINUED to Friday 8/11/2017 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. The parties shall file a Joint Statement re Discovery Disagreement on or before 8/4/17.(Mena-Sanchez, L)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DENIKA TERRY, et al.,
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Plaintiffs,
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No. 2:15-cv-0799 KJM DB
v.
ORDER
WASATCH ADVANTAGE GROUP, et
al.,
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Defendants.
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On July 5, 2017, at the request of the parties, the undersigned set this matter for an
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Informal Telephonic Discovery Conference on July 11, 2017. (ECF No. 55.) However, review
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of the parties’ joint letter brief revealed that the nature of the parties’ dispute was not suitable for
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resolution via an Informal Telephonic Discovery Conference. Accordingly, on July 10, 2017, the
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Informal Telephonic Discovery Conference was vacated. (ECF No. 57.)
On July 14, 2017, the parties filed a purported “Joint Statement re Discovery
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Disagreement,” and defendant filed a motion for leave to take additional depositions.1 (ECF No.
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59.) Defendant noticed the motion for hearing before the undersigned on July 21, 2017.
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However, on July 17, 2017, the hearing of defendant’s motion was vacated due to the court’s
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The purported Joint Statement re Discovery Disagreement, however, was much more similar to
a letter that would be filed in connection with an Informal Telephonic Discovery Conference.
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unavailability. (ECF No. 60.)
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On July 21, 2017, defendants filed an affidavit claiming that they were “unable to secure
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the cooperation of counsel for Plaintiffs . . . in the preparation and execution of the required joint
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statement.” (ECF No. 62 at 2.) That same day, defendants again filed a motion for leave to take
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additional depositions. (ECF No. 63.) Defendants noticed the motion for hearing before the
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undersigned on July 28, 2017—only seven days’ notice.
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Local Rule 251(a) provides that the hearing of a discovery motion shall be calendared for
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“at least twenty-one (21) days from the date of filing and service,” or “at least seven (7) days
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before the scheduled hearing date” if the notice of motion and motion are filed concurrently with
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the Joint Statement. Moreover, Local Rule 251(d) provides that if counsel for the moving party is
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unable, “after a good faith effort, to secure the cooperation of counsel for the opposing party in . .
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. preparing and executing the required joint statement, counsel for the moving party may file and
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serve an affidavit so stating . . . .”
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Here, defendants did not file a joint statement along with their notice of motion and
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motion. Therefore, defendants’ motion should have been noticed for hearing on at least twenty-
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one days’ notice. Moreover, defendants filed their affidavit alleging that they were unable to
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secure plaintiff’s cooperation in preparing the joint statement on the same day defendants’ filed
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their motion. The undersigned finds that this does not constitute a good faith effort. In this
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regard, defendants should have filed their notice of motion and motion, provided twenty-one
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days’ notice, and worked with plaintiff on preparing a joint statement.2
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Accordingly, IT IS HEREBY ORDERED that:
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1. The July 28, 2017 hearing of defendants’ motion for discovery (ECF No. 63) is
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continued to Friday, August 11, 2017, at 10:00 a.m., at the United States District Court, 501 I
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Street, Sacramento, California, in Courtroom No. 27, before the undersigned;
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////
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Although Local Rule 251(a) allows for the hearing of a discovery dispute on only seven days’
notice if the notice of motion and motion are filed concurrently with a joint statement, that
provision is not mandatory and may not be invoked unilaterally.
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2. The parties shall file a Joint Statement re Discovery Disagreement on or before August
4, 2017; and
3. If, after a good faith effort, defendants are unable to secure the cooperation of
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plaintiffs’ counsel, defendants may file an affidavit in compliance with Local Rule 251(d) on
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August 4, 2017.
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Dated: July 24, 2017
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DLB:6
DB\orders\orders.civil\terry0799.mtc.cont
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