Keval v. Heartland Express, Inc. of Iowa et al

Filing 17

ORDER signed by Magistrate Judge Deborah Barnes on 01/10/2022 CONTINUING 13 Motion to Compel Hearing to 2/4/2022 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. The parties shall file a Joint Statement re Discovery Disagreement on or before 01/28/2022. (Rodriguez, E)

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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 FAIYAZ KEVAL, 12 13 14 15 16 No. 2:20-cv-2557 MCE DB Plaintiff, ORDER v. HEARTLAND EXPRESS, INC. OF IOWA, et al., Defendants. 17 18 On December 20, 2021, defendants filed a motion to compel plaintiff’s physical 19 examination, a memorandum of points and authorities in support, and notice of motion for 20 hearing before the undersigned on January 14, 2022, pursuant to Local Rule 302(c)(1). (ECF No. 21 13.) On January 5, 2022, defendants filed a reply to plaintiff’s non-opposition, asserting that 22 “[a]ny opposition to the . . . motion was due . . . on or before January 3, 2022,” citing Local Rule 23 230(c), in support. (ECF No. 14.) Motions dealing with discovery matters, however, are 24 governed by Local Rule 251, not Local Rule 230. Local Rule 251(f). 25 Moreover, on January 6, 2022, plaintiff’s counsel filed a request to continue the hearing of 26 the motion due to complications related to a potential change in plaintiff’s representation and 27 COVID-19. (ECF No. 15.) Defendants filed an opposition to plaintiff’s request that same day. 28 (ECF No. 16.) Defendants’ opposition is based on pending February 28, 2022 close of expert 1 1 discovery. (ECF No. 16 at 1.) Although that concern is understandable, the representations made 2 by plaintiff’s counsel cannot be ignored. Moreover, the parties have had ample time to complete 3 discovery in this action. 1 And, as noted above, the parties have failed to properly brief this 4 dispute. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The January 14, 2022 hearing of defendants’ motion to compel (ECF No. 13) is 7 continued to Friday, February 4, 2022 2; and 8 9 10 2. On or before January 28, 2022, the parties shall file a Joint Statement re Discovery Disagreement in compliance with the Local Rules and the undersigned’s Standard Information. 3 DATED: January 10, 2022 11 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DLB:6 DB/orders/orders.civil/keval2557cont.hrg.ord 1 In early December the parties contacted the undersigned’s courtroom deputy to discuss attempting to resolve this matter by informal telephonic discovery conference. (ECF No. 13-2 at 4.) Unfortunately, it was not possible to accommodate the parties’ request given the undersigned’s duty rotation and Court holidays. 2 In light of the required continuation of the hearing of defendants’ motion, the parties may wish to explore the possibility of a renewed attempt at scheduling an informal discovery conference. 3 See http://www.caed.uscourts.gov/caednew/index.cfm/judges/all-judges/united-statesmagistrate-judge-deborah-barnes-db. 2

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