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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MD HELICOPTERS, INC.,

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Plaintiff,

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v.

No. 2:16-cv-02249 TLN AC

ORDER

AEROMETALS, INC.,
Defendant.

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Defendant filed a motion to compel discovery responses, noticed for hearing August 8,

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2017 at 10:00 a.m. ECF No. 79. The matter was accordingly referred to the undersigned by

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Local Rule 302(c)(1). Pursuant to Local Rule 251(a), the parties were required to file their joint

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statement at least seven (7) days before the hearing date. Thus, the joint statement should have

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been filed on August 2, 2017. No joint statement was filed. Local Rule 251(a) is clear that, with

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respect to a motion to compel, “[t]he hearing may be dropped from the calendar without prejudice

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if the Joint Statement re Discovery Disagreement or an affidavit as set forth below is not filed at

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least seven (7) days before the scheduled hearing date.”

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Because the motion was not completed by timely filing of the parties’ joint statement, the

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motion will be vacated without prejudice to re-filing. The court calls to the attention of the

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parties Local Rule 110, which provides that failure to comply with the Local Rules “may be

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grounds for imposition of any and all sanctions authorized by statute or Rule or within the
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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

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