B.V. v. Board of Trustees of the CSU

Filing 7

ORDER signed by Magistrate Judge Deborah Barnes on 11/28/17 ORDERING that the hearing on the 4 Amended Motion to Quash is CONTINUED to 12/29/2017 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. The parties shall file a joint statement that complies with the Local Rules and the undersigned's Standard Information by 12/22/17. (Benson, A.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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B.V., a minor, by and through his guardian
ad litem, DONALD VILLARREAL and
JAMES GREGORY, individually and as
the Successor in Interest of the Estate of
Larra Ann Gillis,

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No. 2:17-mc-0151 TLN DB

ORDER

Plaintiffs,
v.
BOARD OF TRUSTEES OF THE
CALIFORNIA STATE UNIVERSITY;
OFFICER ROBIN LELAND;
CORPORAL CAROLYN PELIOVA;
CORPORAL DANIEL ANDRADA,

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Defendants.

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On November 6, 2017, plaintiffs filed an amended motion to quash. (ECF No. 4.)

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Plaintiffs’ motion is noticed for hearing before the undersigned on December 1, 2017, pursuant to

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Local Rule 302(c)(1). However, the parties have not filed the required joint statement. Instead,

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the parties have filed a memorandum of points and authorities, an opposition, and a reply. (ECF

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Nos. 4, 5, 6.)

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Local Rule 251(a) provides that at least seven days prior to the hearing of a discovery

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motion, a “Joint Statement re Discovery Disagreement” shall be filed. “All arguments and

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briefing that would otherwise be included in a memorandum of points and authorities supporting
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or opposing the motion shall be included in this joint statement, and no separate briefing shall be

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filed.” Local Rule 251(c). The hearing of a discovery dispute “may be dropped from the

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calendar without prejudice if the Joint Statement re Discovery Disagreement” is not filed at least

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seven days prior to the noticed hearing date. Local Rule 251(a). In light of the parties’ failure to

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cooperate on, and timely file, a joint statement the undersigned will continue the hearing of

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plaintiffs’ motion to quash.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The December 1, 2017 hearing of plaintiffs’ amended motion to quash (ECF No. 4) is

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continued to Friday, December 29, 2017, at 10:00 a.m., at the United States District Court, 501 I
Street, Sacramento, California, in Courtroom No. 27, before the undersigned; and

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2. On or before December 22, 2017, the parties shall file a joint statement that complies

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with the Local Rules and the undersigned’s Standard Information.1

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Dated: November 28, 2017

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DLB:6
DB\orders\orders.civil\bv0151.mot.hrg.cont.ord

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Specifically, the parties are advised that: (1) joint statements filed before the undersigned shall
not exceed twenty-five pages, excluding exhibits; (2) a courtesy copy of the joint statement, with
declarations, exhibits and other attachments tabbed, is mandatory and should be delivered to the
Clerk of Court at least seven (7) days before the hearing; and (3) the undersigned strictly enforces
meet and confer requirements. See http://www.caed.uscourts.gov/caednew/index.cfm/judges/alljudges/united-states-magistrate-judge-deborah-barnes-db
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