MD Helicopters v. Aerometals, Inc.

Filing 80

ORDER signed by Magistrate Judge Allison Claire on 8/3/2017 VACATING the 79 Motion to Compel without prejudice to refilling; VACATING the hearing on said motion set for 8/9/2017; CAUTIONING the parties to timely comply with this Court's rules upon re-filing of any Motion to Compel. (Michel, G.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MD HELICOPTERS, INC., 12 Plaintiff, 13 14 15 v. No. 2:16-cv-02249 TLN AC ORDER AEROMETALS, INC., Defendant. 16 17 Defendant filed a motion to compel discovery responses, noticed for hearing August 8, 18 2017 at 10:00 a.m. ECF No. 79. The matter was accordingly referred to the undersigned by 19 Local Rule 302(c)(1). Pursuant to Local Rule 251(a), the parties were required to file their joint 20 statement at least seven (7) days before the hearing date. Thus, the joint statement should have 21 been filed on August 2, 2017. No joint statement was filed. Local Rule 251(a) is clear that, with 22 respect to a motion to compel, “[t]he hearing may be dropped from the calendar without prejudice 23 if the Joint Statement re Discovery Disagreement or an affidavit as set forth below is not filed at 24 least seven (7) days before the scheduled hearing date.” 25 Because the motion was not completed by timely filing of the parties’ joint statement, the 26 motion will be vacated without prejudice to re-filing. The court calls to the attention of the 27 parties Local Rule 110, which provides that failure to comply with the Local Rules “may be 28 grounds for imposition of any and all sanctions authorized by statute or Rule or within the 1 1 2 3 4 5 6 7 inherent power of the Court.” Good cause appearing, IT IS HEREBY ORDERED that: 1. The motion set for hearing on August 9, 2017, ECF No. 79, is VACATED for failure to prosecute; and 2. Defendant may re-file its motion to compel, but is cautioned to timely comply with this court’s rules in the future. DATED: August 3, 2017 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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