Supinger v. Pleasanton Fitness LLC

Filing 9

ORDER signed by Magistrate Judge Gregory G. Hollows on 7/23/15 ORDERING that plaintiff's 8 Notice is premature. If plaintiff wishes to file a properly noticed motion concerning defendant's failure to meet and confer he should do so after the time to meet and confer has expired. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JACK SUPINGER,

No. 2:15-cv-01192-KJM-GGH

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Plaintiff,
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v.

ORDER

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PLEASANTON FITNESS LLC,
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Defendant.
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This matter is before the undersigned pursuant to Local Rule 302(c)(21). Presently before
the court is plaintiff’s notice of non-cooperation of defendant. ECF No. 8.
Plaintiff’s notice requests that the court order defendant to meet and confer. However,

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plaintiff’s filing is premature and in addition, is not properly formatted and noticed as a motion.

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The court’s June 2, 2015, scheduling order states that both parties are required to meet and confer

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in person concerning the disclosures required by Federal Rule 26 within thirty (30) days of the

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filing of an answer. ECF No. 5. The parties must then file a joint status report within fourteen

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(14) days of their meeting. ECF No. 5. Defendant filed an answer on June 23, 2015, ECF No. 5,

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meaning that the parties must meet and confer by July 23, 2015. Plaintiff filed his notice

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regarding defendant’s failure to respond to his attempts to meet and confer on July 16, 2015.

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ECF No. 8. Accordingly, plaintiff’s notice is premature.
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If plaintiff wishes to file a properly noticed motion concerning defendant’s failure to meet
and confer he should do so after the time to meet and confer has expired.
Dated: July 23, 2015

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/s/ Gregory G. Hollows

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UNITED STATES MAGISTRATE JUDGE

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/supi1192.instruc

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