Calmelet v. Board of Trustees of the CSU, et al

Filing 72

ORDER signed by Magistrate Judge Dennis M. Cota on 9/15/22 ORDERING that the hearing scheduled for September 21, 2022, at 10:00 a.m. in Redding, California, is hereby taken off calendar. The matter is re-set for an informal conference, which wi ll take place via Zoom, at 11:00 a.m. The parties shall be prepared to meet and confer in good faith, with the Court's assistance, to resolve or narrow the current dispute. If no informal resolution can be accommodated, the matter will be re-set for a hearing. (Kaminski, H)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 COLETTE CALMELET, 12 Plaintiff, 13 14 15 No. 2:19-CV-2537-MCE-DMC v. ORDER BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY, et al., 16 Defendants. 17 Plaintiff, who is proceeding with retained counsel, brings this civil action. 18 19 Pending before the Court is Plaintiff’s motion to compel further discovery. See ECF No. 48. 20 Plaintiff’s motion was initiated by way of points and authorities and a declaration 21 pursuant to Eastern District of California Local Rule 251 regarding non-cooperation of opposing 22 counsel in preparation of a joint statement. Under the local rules, Plaintiff’s motion was filed on 23 September 7, 2022, on 14 days’ notice. The hearing is set for September 21, 2022, at 10:00 a.m., 24 before the undersigned in Redding, California. Defendant has filed a response to Plaintiff’s 25 motion and declaration. See ECF No. 70. Moving and opposing counsel have requested 26 telephonic appearances. See ECF Nos. 69, 71. 27 /// 28 /// 1 1 Based on the briefs and declarations filed thus far regarding the current discovery 2 dispute, the Court is concerned that there has been an unjustified breakdown in the meet-and- 3 confer process. As currently presented, the motion does not comply with Local Rule 251 in that 4 no joint statement has been filed and the Court is not satisfied with the current explanations 5 regarding the failure to comply with the rules. In this regard, the current filings suggest that there 6 was an ability to file a joint statement one day late, but there is no explanation as to why the 7 parties were unable to agree on a request for a brief extension of time to do so. 8 9 Pursuant to Eastern District of California Local Rule 230(g), the hearing scheduled for September 21, 2022, at 10:00 a.m., before the undersigned in Redding, California, is hereby 10 taken off calendar. The matter is re-set for an informal conference, which will take place via 11 Zoom, at 11:00 a.m. The parties shall be prepared to meet and confer in good faith, with the 12 Court’s assistance, to resolve or narrow the current dispute. If no informal resolution can be 13 accommodated, the matter will be re-set for a hearing. 14 15 IT IS SO ORDERED. Dated: September 15, 2022 ____________________________________ DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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