Bohnel et al v. Jetblue Airways Corporation

Filing 59

ORDER signed by Magistrate Judge Deborah Barnes on 4/19/21 DENYING without prejudice to renewal 53 Plaintiff's Bohnel and Martinez's Motion to Compel. The 4/23/21 hearing is VACATED. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHELLE HILL, an individual, and
ARIEL EPSTEIN POLLACK, an
individual,

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Plaintiffs,
v.
JETBLUE AIRWAYS CORPORATION, a
Delaware corporation,
Defendant.

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ERICKA BOHNEL, an individual, and
ROSA MARTINEZ, an individual,
Plaintiffs,

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No. 2:17-cv-1604 WBS DB

No. 2:18-cv-0081 WBS DB

ORDER

v.
JETBLUE AIRWAYS CORPORATION, a
Delaware corporation,
Defendant.

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On March 30, 2021, plaintiffs filed motions to compel in these related actions and noticed

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the motions for hearing before the undersigned on April 23, 2021, pursuant to Local Rule

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302(c)(1). On April 16, 2021, the parties filed Joint Statements re Discovery Disagreement
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pursuant to Local Rule 251 in connection with those motions to compel. Review of the parties’

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Joint Statements finds “the proverbial ‘dog’s breakfast’” of issues, arguments, and errors. Becker

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v. Anglea, No. 2:19-cv-0013 KJM GGH P, 2020 WL 6058278, at *13 (E.D. Cal. Oct. 14, 2020).

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In this regard, on February 2, 2021, the undersigned issued an order denying plaintiffs’

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previously filed motions to compel without prejudice to renewal due to the parties’ failure to meet

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and confer. (ECF No. 54.) Nonetheless, in the Joint Statements filed on April 16, 2021, the

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parties dispute whether they have met and conferred over all the items at issue.

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As to other items in dispute, it appears the parties have recently produced or agreed to

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produce responsive discovery, some of which occurred just hours before the Joint Statements

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were filed. Obviously, it is very challenging for the court to assist the parties in resolving

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discovery disputes if the contours of those disputes continue to evolve.
Moreover, the February 2, 2021 order directed the parties to the undersigned’s Standard

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Information re discovery disputes, referring the parties to the court’s web page at

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http://www.caed.uscourts.gov/caednew/index.cfm/judges/all-judges/united-states-magistrate-

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judge-deborah-barnes-db. (ECF No. 54.) That document explains that joint statements filed

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before the undersigned shall not exceed twenty-five pages, excluding exhibits.1 See

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http://www.caed.uscourts.gov/caednew/index.cfm/judges/all-judges/united-states-magistrate-

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judge-deborah-barnes-db. Here, each of the Joint Statements exceeds the undersigned’s twenty-

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five-page limit.
In addition to plaintiffs’ requests for discovery, the parties’ dispute also concerns a request

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by defendants that the undersigned extend the discovery deadline. Plaintiffs oppose this request.

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However, the deadline for the completion of fact discovery is currently April 30, 2021. As

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explained by the assigned District Judge, “[t]he word ‘completed’ means that all discovery shall

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have been conducted so that all depositions have been taken and any disputes relevant to

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discovery shall have been resolved by appropriate order if necessary and, where discovery has

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The parties are advised that title pages, tables of contents, tables of citations, etc., all count
toward the twenty-five-page limit.
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been ordered, the order has been obeyed.” (ECF No. 26 at 3.) There is not sufficient time to hear

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plaintiffs’ motions to compel set for hearing on April 23, 2021, issue an order, and allow time for

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compliance prior to the April 30, 2021 discovery deadline.

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Finally, one aspect of the parties’ dispute concerns a discovery order issued in a related

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case, “Phan.” Defendants argue that “Phan is not binding” on this court in these matters. And

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defendants are correct. “[A] district court opinion . . . is not binding on any court beyond its use

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in [the] case, and instead, is only valuable as persuasive authority.” Jewish War Veterans of the

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United States of America, Inc. v. Mattis, 266 F.Supp.3d 248, 253 (D. D.C. 2017). It is also true

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that the undersigned was the author of the opinion at issue in Phan. See Xuan Thi Phan v. JetBlue

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Airways Corporation, No. 2:16-cv-2328 WBS DB, 2017 WL 6622707 (E.D. Cal. Dec. 28, 2017).

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiffs Hill and Esptein-Pollack’s March 30, 2021 motion to compel (ECF No. 58) is

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denied without prejudice to renewal;
2. Plaintiffs Bohnel and Martinez’s March 30, 2021 motion to compel (ECF No. 53) is
denied without prejudice to renewal; and
3. The April 23, 2021 hearing is vacated.
Dated: April 19, 2021

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DLB:6
DB/orders/orders.civil/hill1604.pg.den.ord

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