(PS)Thacker v. AT&T Corporation et al
Filing
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/10/2020 DENYING 22 Motion for Additional Discovery and VACATING the 9/16/2020 hearing. Plaintiff is advised to follow Local Rule 251 for any additional discovery disputes in this matter. (Huang, H)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DAVID C. THACKER,
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No. 2:20-cv-00255-KJM-CKD PS
Plaintiff,
v.
ORDER
AT&T CORPORATION, et al.,
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(ECF No. 22)
Defendants.
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Presently before the court is plaintiff’s “motion for additional discovery.” (ECF No. 22.)
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Defendant AT&T Corporation has filed a response to plaintiff’s motion. (ECF No. 23.)
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Although not entirely clear, it appears that plaintiff is requesting the court to permit him to serve
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25 interrogatories, in addition to the 25 interrogatories he has already served, pursuant to Federal
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Rule of Civil Procedure 33(a)(1). Plaintiff is also seeking to serve additional requests for
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admission and requests for production of documents. Plaintiff has not provided defendant with
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these requests or interrogatories. Defendant opposes plaintiff’s motion as it lacks sufficient
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information to determine whether the requests are within the proper scope of discovery. (ECF
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No. 23.)
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Local Rule 251 requires parties to meet and confer regarding any discovery disagreement,
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including motions to exceed discovery limitations, and requires parties to prepare a joint
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statement regarding the dispute. L.R. 251(b). If a joint statement is not filed at least seven days
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before the scheduled hearing, the hearing may be dropped from the calendar without prejudice.
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Here, the parties have not filed the requisite joint statement within the allotted time.
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Accordingly, the court DENIES plaintiff’s “motion for additional discovery” (ECF No. 22)
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without prejudice and VACATES the hearing scheduled for September 16, 2020. Plaintiff is
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advised to follow Local Rule 251 for any additional discovery disputes in this matter.
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Dated: September 10, 2020
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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16.255.do
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