London v. Wells Fargo Bank, N.A.

Filing 47

ORDER signed by Magistrate Judge Allison Claire on 9/17/18, ORDERING that the 9/19/18 hearing on plaintiff's motion to compel is VACATED; and plaintiff's 43 Motion to Compel is DENIED without prejudice. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DEBRA LONDON, an individual,

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No. 2:17-cv-00687 KJM AC

Plaintiff,
v.

ORDER

WELLS FARGO BANK, N.A.; and DOES
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Defendants.

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Pending before the court is plaintiff’s motion to compel. ECF No. 43. The motion is

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currently set for hearing on September 19, 2018 before the undersigned. This discovery matter

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was referred to the undersigned pursuant to E.D. Cal. R. (“Local Rule”) 302(c)(1).

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Local Rule 251(b) establishes requirements for any party bringing a motion pursuant to

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Federal Rules of Civil Procedure 26 through 37, including the requirement that the parties meet

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and confer and file a joint discovery statement. Here, no joint discovery statement has been filed.

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Additionally, other than a stipulation between the parites to extend discovery deadlines, ECF No.

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45, there is no indication that the parties have met and conferred regarding the instant dispute.

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Because plaintiff, the moving party, did not satisfy Local Rule 251(b)’s meet and confer

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requirement and the joint discovery statement requirement, the motion to compel discovery will

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be denied without prejudice. See e.g., U.S. v. Molen, 2012 WL 5940383, at *1 (E.D.Cal. Nov.
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27, 2012) (where a party fails to comply with Local Rule 251, discovery motions are denied

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without prejudice to re-filing).

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For the reasons state above, IT IS HEREBY ORDERED that:

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1. The September 19, 2018 hearing on plaintiff’s motion to compel is VACATED; and

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2. Plaintiff’s motion to compel, ECF No. 43, is DENIED without prejudice.

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IT IS SO ORDERED.

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DATE: September 17, 2018

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