Storz Management Company et al v. Carey et al

Filing 257

ORDER signed by Magistrate Judge Deborah Barnes on 7/25/2023 CONTINUTING 246 Motion to Compel Hearing to 8/18/2023 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. Parties shall meet and confer in person, over Zoom, or telephonically by 8/4/2023, and the parties shall file either a withdrawal of the motion to compel or an updated Joint Statement re Discovery Disagreement by 8/11/2023.(Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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STORZ MANAGEMENT COMPANY, a
California Corporation, and STORZ
REALTY, INC.,
Plaintiffs,

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No. 2:18-cv-0068 DJC DB

ORDER

v.
ANDREW CAREY, an individual, and
MARK WEINER, an individual,

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Defendants.

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On June 23, 2023, plaintiffs filed a motion to compel. (ECF No. 246.) The motion to

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compel is noticed for hearing before the undersigned on July 28, 2023, pursuant to Local Rule

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302(c)(1). (ECF No. 246.) In connection with the motion the parties filed a Joint Statement re

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Discovery Disagreement pursuant to Local Rule 251. (ECF No. 250.) Review of the Joint

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Statement finds that the parties have, yet again, engaged in unhelpful conduct in connection with

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presenting their discovery dispute. See ECF No. 222 at 10: ECF No. 229 at 2; ECF No. 245.

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In this regard, plaintiffs’ counsel asserts that they “tendered substantially the same Joint

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Statement previously filed” to defense counsel and asked defense counsel to “meet and confer on

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either July 11 or 12,” but defense counsel only agreed to meet and confer on July 14, 2023, the

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date the Joint Statement was due for filing. (JS (ECF No. 250) at 2.) Defense counsel asserts that
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plaintiffs provided their portion of the Joint Statement “at approximately 9:00pm on July 14,

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2023, which was substantially revised from an earlier draft that the parties met and conferred

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about on July 14, 2023.” (Id. at 9.) As a result, the Joint Statement “addresses issues that have

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been withdrawn by Plaintiffs.” (Id. at 10.) The deficiencies in this process should require no

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explanation.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The July 28, 2023 hearing of plaintiffs’ motion to compel (ECF No. 246) is continued

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to August 18, 2023;

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2. On or before August 4, 2023, the parties shall meet and confer either in person, over
Zoom, or telephonically; and

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3. On or before August 11, 2023, the parties shall file either a withdrawal of the motion

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to compel or an updated Joint Statement re Discovery Disagreement.1

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Dated: July 25, 2023

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DLB:6
DB\orders\orders.civil\storz0068.mtc.cont.ord

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The parties shall ensure that the Joint Statement complies with the Local Rules and the
undersigned’s Standard Information, available at the court’s web page at
http://www.caed.uscourts.gov/caednew/index.cfm/judges/all-judges/united-states-magistratejudge-deborah-barnes-db. Moreover, given the culpable conduct of both counsel, neither side
should anticipate being awarded any monetary compensation in connection with the further meet
and confer efforts or the drafting of the updated Joint Statement.
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