Johnson v. Saleh et al.

Filing 21

ORDER signed by Magistrate Judge Kendall J. Newman on 5/4/2017 ORDERING that Plaintiff's motion to compel (ECF No. 20 ) is DENIED WITHOUT PREJUDICE as improperly noticed; and the 5/11/2017 hearing is VACATED. (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SCOTT JOHNSON,

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No. 2:16-cv-0617-JAM-KJN

Plaintiff,
v.

ORDER

SAIF ALI AHMED SALEH, et al.,

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Defendants.

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On April 27, 2017, plaintiff filed a motion to compel supplemental responses to discovery

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requests, and noticed the hearing for May 11, 2017. (ECF No. 20.) Plaintiff’s motion is

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improperly noticed. Local Rule 251 generally requires discovery motions to be noticed at least

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21 days prior to the hearing date. E.D. Cal. L.R. 251(a). Local Rule 251 does provide a shorter

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notice period, for a hearing within 14 days, for two specific types of motions: (1) “when there

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has been a complete and total failure to respond to a discovery request or order”; or (2) “when the

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only relief sought by the motion is the imposition of sanctions.” E.D. Cal. L.R. 251(e). However,

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in this case, plaintiff contends that the discovery responses served by defendants are insufficient

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in various respects. Thus, plaintiff’s motion here does not involve a complete and total failure to

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respond to a discovery request or order, nor does it only seek the imposition of sanctions. As

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such, the motion does not fall within the parameters of Local Rule 251(e) and is improperly

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noticed.
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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion to compel (ECF No. 20) is DENIED WITHOUT PREJUDICE as

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improperly noticed.
2. The May 11, 2017 hearing is VACATED.
Dated: May 4, 2017

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