Alger v. FCA US LLC

Filing 49

ORDER signed by Magistrate Judge Edmund F. Brennan on 3/22/2019. Pltf's 44 Motion to Compel Discovery is DENIED without prejudice for failure to comply with Local Rule 251(a) and the 3/27/2019 hearing is VACATED. (Cannarozzi, N)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 SHAWN ALGER as an individual and on behalf of all others similarly situated, Plaintiff, 13 ORDER v. 14 15 16 No. 2:18-cv-360-MCE-EFB FCA US LLC f/k/a CHRYSLER GROUP LLC, a Delaware Corporation, and DOES 1 through 100, inclusive, Defendant. 17 18 Plaintiff filed a motion to compel defendant to produce discovery, which is currently 19 noticed for hearing on March 27, 2019. ECF Nos. 44, 48. Local Rule 251(a) provides that the 20 Joint Statement Re Discovery Disagreement must be filed at least seven days before the 21 scheduled hearing date or, in this instance, by March 20, 2019. Local Rule 251(a) also provides 22 that the hearing on a discovery motion may be dropped from calendar without prejudice if the 23 Joint Statement re Discovery Disagreement is not timely filed. Id. 24 Although the deadline has passed, the docket reflects that no Joint Statement re Discovery 25 Disagreement has been filed in connection with plaintiff’s motion. Therefore, the discovery 26 ///// 27 ///// 28 1 1 motion (ECF No. 44) is denied without prejudice and the March 27, 2019 hearing thereon is 2 vacated. 3 So Ordered. 4 DATED: March 22, 2019 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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