Johnson v. Hey Now Properties, LLC et al

Filing 11

ORDER denying WITHOUT PREJUDICE 9 Motion to Compel signed by Magistrate Judge Kendall J. Newman on 4/5/17. (Kaminski, H)

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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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Plaintiff,

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No. 2:16-cv-2931-WBS-KJN

v.

ORDER

HEY NOW PROPERTIES, LLC, et al.,

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Defendants.

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In this action, initially filed on December 16, 2016, plaintiff filed a motion to compel

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initial disclosures and/or for exclusion sanctions. (ECF No. 9.)

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Upon reviewing plaintiff’s briefing, the court finds that the parties have not adequately

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exhausted the informal meet-and-confer process with respect to the initial disclosures. Indeed,

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the initial pretrial scheduling conference before the district judge has not yet taken place; the

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parties agreed among themselves to exchange initial disclosures on March 7, 2017, and plaintiff

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relatively recently sent a meet-and-confer letter to defendants’ counsel on March 20, 2017.

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Therefore, the court finds that court intervention at this stage is premature.1

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Indeed, the court is troubled by the fact that, instead of pursuing early settlement discussions,
plaintiff is focusing his efforts on a premature discovery spat, which only increases the attorneys’
fees and costs involved in this action and impedes achievement of a potential settlement.
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Accordingly, plaintiff’s motion to compel (ECF No. 9) is DENIED WITHOUT
PREJUDICE as premature.
IT IS SO ORDERED.
Dated: April 5, 2017

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