Banga v. Ameriprise Auto & Home Insurance Agency

Filing 87

ORDER signed by Magistrate Judge Allison Claire on 12/14/2020 ORDERING defendant's 86 Ex Parte Application to Strike is GRANTED and plaintiff's 78 Motion to Compel is DENIED without prejudice and VACATED from the court calendar. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KAMLESH BANGA,

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No. 2:18-cv-01072 MCE AC PS

Plaintiff,
v.

ORDER

AMERIPRISE AUTO & HOME
INSURANCE AGENCY, INC., et al.,
Defendants.

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Plaintiff is proceeding pro se, and the action was accordingly referred to the undersigned

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by Local Rule 302(c)(21). Plaintiff filed an amended motion to compel that is improperly noticed

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to be heard only six days from the date of filing. ECF No. 78. Defendants filed an ex parte

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application to strike the motion as improperly noticed and out of compliance with the local rules.

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ECF No. 86.

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Local Rule 251(b) establishes requirements for any party bringing a discovery motion

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pursuant to Federal Rules of Civil Procedure 26 through 37. These requirements include that the

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parties meet and confer and file a joint discovery statement. Here, no joint discovery statement

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has been filed; defendants assert that plaintiff has not worked with them to complete a joint

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statement. Additionally, there is no indication that the parties have met and conferred regarding

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the instant dispute. Because plaintiff, the moving party, did not satisfy Local Rule 251(b)’s meet
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and confer requirement and the joint discovery statement requirement, the motion to compel

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discovery will be denied without prejudice and vacated from the calendar.

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Defendant’s motion (ECF No. 86) is GRANTED and plaintiff’s motion to compel (ECF
No. 78) is DENIED without prejudice and VACATED from the court calendar.

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IT IS SO ORDERED.

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DATED: December 14, 2020

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