(PS) McManus v. NBS Default Services, LLC et al
Filing
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ORDER signed by Magistrate Judge Allison Claire on 1/7/2021 DENYING 89 , 95 Motions to Compel without prejudice. (Kastilahn, A)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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PRISCILLA McMANUS,
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No. 2:18-cv-02047 JAM AC
Plaintiff,
v.
ORDER
NBS DEFAULT SERVICES, et al.,
Defendants.
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Pending before the court is plaintiff’s motion to compel defendant Bank of America to
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respond to her Second Request for Production and Second Set of Interrogatories. ECF No. 89.
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The motion was taken under submission. ECF No. 91. Defendant Bank of America opposed the
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motion. ECF No. 92. Plaintiff recently filed an identical motion against defendant Nationstar
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Mortgage. ECF No. 95. These matters are referred to the undersigned pursuant to E.D. Cal.
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R. (“Local Rule”) 302(c)(1) and 302(c)(21).
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Local Rule 251(b) establishes requirements for any party bringing a motion pursuant to
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Federal Rules of Civil Procedure 26 through 37, including the requirement that the parties meet
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and confer and file a joint discovery statement. Here, no joint discovery statement has been filed
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with respect to either motion. Additionally, there is no indication that the parties have met and
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conferred regarding the disputes – it appears clear they have not, in both cases. Indeed, Bank of
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America states that plaintiff filed her motion before its deadline to respond to the discovery
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requests and without any attempt to meet and confer. ECF No. 92 at 2. Because plaintiff, the
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moving party, did not satisfy Local Rule 251(b)’s meet and confer requirement and the joint
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discovery statement requirement with respect to either motion, the motions to compel discovery
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are each denied without prejudice. See e.g., United States v. Molen, 2012 WL 5940383, at *1
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(E.D.Cal. Nov. 27, 2012) (where a party fails to comply with Local Rule 251, discovery motions
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are denied without prejudice to re-filing). Should plaintiff choose to re-file these motions, she
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must comply with the Local Rules and the Federal Rules of Civil Procedure.
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For the reasons state above, IT IS HEREBY ORDERED that plaintiff’s motions to compel
ECF Nos. 89 and 95) are each DENIED without prejudice.
IT IS SO ORDERED.
DATE: January 7, 2021
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