Wagnon, et al v Rocklin Unified School District, et al

Filing 35

ORDER signed by Magistrate Judge Kendall J. Newman on 4/20/2022 DIRECTING counsel to meet and confer over this discovery matter and submit a joint statement by 4/26/2022; and GRANTING 33 -2 Motion to Seal Exhibits A-C. (Coll, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ALICIA WAGNON, et al.,

12
13
14
15

Plaintiffs,

No. 2:17–cv–1666–KJN
ORDER

v.
ROCKLIN U.S.D., et al.,
Defendants.

16
17

On April 8, 2022, plaintiffs filed a motion to quash five subpoenas related to certain health

18

and employment records sought by defendants. (ECF No. 32.) On April 19, defendants filed

19

opposition to the motion, and sought to seal certain exhibits related to the motion. (ECF No. 33.)

20

The matter is set for a hearing on May 3, 2022.

21

The court is troubled by multiple aspects of the parties’ filings. Plaintiffs appear to have

22

failed to follow the court’s order to meet and confer with defendants prior to the filing of a

23

discovery motion. (See ECF No. 28 at 2-3 (“Prior to filing any discovery-related motions, the

24

parties are required to meet and confer in good faith in an attempt to resolve their discovery

25

disputes informally and without court intervention. Such meet and confer shall take place in

26

person, or at a minimum, via a telephonic conference. The mere exchange of letters or e-mails

27

alone is not sufficient.”).) Instead, it appears plaintiff simply sent a letter outlining their position

28

to defense counsel and provided only 18 hours for a response. (ECF No. 32-7.) However, also
1

1

troubling, defense counsel appears to have flatly refused to meet and confer—despite contentions

2

as to plaintiff’s failures on this front. (ECF No. 32-8.) Further, it does not appear that either

3

party heeded the provisions of Local Rule 251 regarding the continuing duty to confer in good

4

faith and file a joint statement.

5

The court takes seriously counsel’s duty resolve disputes in good faith. Notwithstanding

6

the parties’ arguments regarding the untimeliness of plaintiffs’ motion, counsel are ordered to

7

confer, as directed by the scheduling order (see ECF No. 28), concerning whether any reasonable

8

resolution can be reached regarding the scope of the subpoenas. Then, by April 26, 2022, counsel

9

shall file a joint statement briefly outlining their positions and describing the conferral process.

10

Failure to confer and participate in the joint statement, by either or both parties, may result in

11

sanctions against the parties or counsel.
ORDER

12
13

Accordingly, it is HEREBY ORDERED:

14

1. Counsel shall meet and confer over this discovery matter, as required by Local Rule 251

15

and the court’s scheduling order, and submit a joint statement by April 26, 2022; and

16

2. Defendants’ motion to seal (ECF No. 33-2) is GRANTED for good cause. The clerk of

17
18

the court shall file under seal defendants’ opposition Exhibits A-C.
Dated: April 20, 2022

19
20
21

wagn.1666

22
23
24
25
26
27
28
2