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)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
SCOTT JOHNSON,
12
13
14
No. 2:16-cv-0617-JAM-KJN
Plaintiff,
v.
ORDER
SAIF ALI AHMED SALEH, et al.,
15
Defendants.
16
17
On April 27, 2017, plaintiff filed a motion to compel supplemental responses to discovery
18
requests, and noticed the hearing for May 11, 2017. (ECF No. 20.) Plaintiff’s motion is
19
improperly noticed. Local Rule 251 generally requires discovery motions to be noticed at least
20
21 days prior to the hearing date. E.D. Cal. L.R. 251(a). Local Rule 251 does provide a shorter
21
notice period, for a hearing within 14 days, for two specific types of motions: (1) “when there
22
has been a complete and total failure to respond to a discovery request or order”; or (2) “when the
23
only relief sought by the motion is the imposition of sanctions.” E.D. Cal. L.R. 251(e). However,
24
in this case, plaintiff contends that the discovery responses served by defendants are insufficient
25
in various respects. Thus, plaintiff’s motion here does not involve a complete and total failure to
26
respond to a discovery request or order, nor does it only seek the imposition of sanctions. As
27
such, the motion does not fall within the parameters of Local Rule 251(e) and is improperly
28
noticed.
1
1
Accordingly, IT IS HEREBY ORDERED that:
2
1. Plaintiff’s motion to compel (ECF No. 20) is DENIED WITHOUT PREJUDICE as
3
4
5
improperly noticed.
2. The May 11, 2017 hearing is VACATED.
Dated: May 4, 2017
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?