Dorken v. Demilec, Inc., et al.

Filing 55

ORDER signed by Magistrate Judge Craig M. Kellison on 03/02/17 ORDERING that the 53 Motion for Discovery and the 54 Opposition are STRICKEN as improperly filed and the 03/08/17 hearing is OFF CALENDAR. (Benson, A)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 H. BRAD DORKEN, 12 13 14 No. 2:15-cv-1628-TLN-CMK Plaintiff, vs. ORDER DEMILEC, INC., et al., 15 Defendants. 16 / 17 Pending before the court is Plaintiff’s motion for discovery, to deem requests for 18 admissions admitted (Doc. 53). Plaintiff filed the motion on February 14, 2017, setting the 19 motion for hearing before the undersigned on March 8, 2014. Defendant then filed an opposition 20 to the motion. 21 Eastern District of California Local Rule 251 governs motions dealing with 22 discovery matters. Rule 251 specifically provides for the parties to the discovery dispute meet 23 and confer and, if unable to resolve their differences, file a joint statement setting forth their 24 differences and the bases therefor. The only exceptions from filing the required joint statement is 25 where there is a complete and total failure to respond to the discovery requests or where the only 26 relief sought is the imposition of sanctions. L.R. 251(e). If the parties were unable to cooperate 1 1 sufficiently to prepare and execute the required joint statement, counsel for the moving party may 2 file and serve an affidavit so stating, setting forth the efforts extended to obtain the joint 3 statement, and the issues to be determined at the hearing. L.R. 251(d). 4 Here, these procedures were not followed by the parties. There has been no joint 5 statement filed, no affidavit setting forth any reason why a joint statement could not be filed, and 6 neither of the exceptions appears to be relevant. As the parties failed to follow the Local Rules, 7 the motion and hearing will be stricken. If the parties are unable to resolve their issues, the 8 motion may be renoticed for hearing following the proper procedures. 9 Accordingly, IT IS HEREBY ORDERED that the motion for discovery (Doc. 53) 10 and the opposition thereto (Doc. 54) are stricken as improperly filed and the hearing set for 11 March 8, 2017, is taken off calendar. 12 13 14 15 DATED: March 2, 2017 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 2

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