Buie v. ESA Management, LLC

Filing 26

ORDER signed by Magistrate Judge Allison Claire on 8/1/2018 VACATING 22 Defendant's Motion to Compel for failure to comply with E.D. Cal. R. 251. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FERDINA BUIE,

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No. 2:17-cv-02455 MCE AC
Plaintiff,

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v.

ORDER

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ESA MANAGEMENT, LLC,

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Defendant.

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This matter is before the court on defendant’s motion to compel a physical examination of

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plaintiff pursuant to Fed. R. Civ. P. 35. ECF No. 22. Defendant’s motion is set for hearing on

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August 8, 2018 at 10:00 a.m. before the undersigned. The motion and the hearing are hereby

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VACATED for failure to comply with E.D. Cal. R. 251, which requires discovery motions

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brought pursuant to Fed. R. Civ. P. 26-37 and 45 to be brought by joint statement, with limited

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exceptions that do not apply here.
Defendant may notice a new motion on the same topic that properly complies with E.D.

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Cal. R. 251. Only the joint statement and attached exhibits will be considered. The court further

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cautions defendant to ensure that any renewed motion complies with Federal Rule of Civil

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Procedure 35 by providing sufficient information regarding the proposed “time, place, manner,

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conditions, and scope of the examination” such that, in the event the motion were granted, the

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court could issue the appropriate order.

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IT IS SO ORDERED.
DATED: August 1, 2018

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