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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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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H. BRAD DORKEN,

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No. 2:15-cv-1628-TLN-CMK

Plaintiff,
vs.

ORDER

DEMILEC, INC., et al.,

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Defendants.

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/

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Pending before the court is Plaintiff’s motion for discovery, to deem requests for

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admissions admitted (Doc. 53). Plaintiff filed the motion on February 14, 2017, setting the

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motion for hearing before the undersigned on March 8, 2014. Defendant then filed an opposition

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to the motion.

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Eastern District of California Local Rule 251 governs motions dealing with

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discovery matters. Rule 251 specifically provides for the parties to the discovery dispute meet

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and confer and, if unable to resolve their differences, file a joint statement setting forth their

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differences and the bases therefor. The only exceptions from filing the required joint statement is

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where there is a complete and total failure to respond to the discovery requests or where the only

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relief sought is the imposition of sanctions. L.R. 251(e). If the parties were unable to cooperate
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sufficiently to prepare and execute the required joint statement, counsel for the moving party may

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file and serve an affidavit so stating, setting forth the efforts extended to obtain the joint

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statement, and the issues to be determined at the hearing. L.R. 251(d).

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Here, these procedures were not followed by the parties. There has been no joint

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statement filed, no affidavit setting forth any reason why a joint statement could not be filed, and

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neither of the exceptions appears to be relevant. As the parties failed to follow the Local Rules,

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the motion and hearing will be stricken. If the parties are unable to resolve their issues, the

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motion may be renoticed for hearing following the proper procedures.

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Accordingly, IT IS HEREBY ORDERED that the motion for discovery (Doc. 53)

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and the opposition thereto (Doc. 54) are stricken as improperly filed and the hearing set for

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March 8, 2017, is taken off calendar.

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DATED: March 2, 2017
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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