Better Meat Company v. Emergy, Inc. et al

Filing 140

ORDER signed by Chief District Judge Kimberly J. Mueller on 5/22/23 DENYING without prejudice #137 Better Meat's motion for administrative relief. If Better Meat wishes to refile this motion, it must comply with the court's standing order before doing so. (Kastilahn, A)

Case 2:21-cv-02338-KJM-CKD Document 140 Filed 05/22/23 Page 1 of 2
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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THE BETTER MEAT CO.,

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Plaintiff,

EMERGY, Inc. d/b/a MEATI FOODS, PAUL
VRONSKY, and BOND CAPITAL
MANAGEMENT LP.,
Defendants.

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EMERGY, INC. d/b/a MEATI FOODS,
Counter Claimant,

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ORDER

v.

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No. 2:21-cv-02338-KJM-CKD

v.
THE BETTER MEAT CO. and AUGUSTUS
PATTILLO,
Counter Defendants.

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On April 17, 2023 this court granted defendant/counter claimant Emergy’s motion to

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strike under California’s anti-SLAPP statute. Prior Order (Apr. 17, 2023), ECF No. 134. Emergy

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then moved for attorneys’ fees and costs related to this motion. Mot. for Fees, ECF No. 136. In

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response, plaintiff/counter defendant Better Meat filed a motion for administrative relief, asking
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Case 2:21-cv-02338-KJM-CKD Document 140 Filed 05/22/23 Page 2 of 2
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the court to stay the briefing and hearing of Emergy’s motion “until after entry of a final

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judgment.” Mot. for Admin. Relief at 2, ECF No. 137.

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This court’s standing order requires attorneys to meet and confer with one another before

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they file motions. See Standing Order at 3, ECF No. 4-1. However, the parties’ counsel have not

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met and conferred prior to the filing of this motion for administrative relief. Mot. for Admin.

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Relief. In email correspondence between the parties, Better Meat’s counsel suggests this

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requirement would be futile here. Ex. 1 at 2, ECF No.137–1. However, the correspondence

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indicates Emergy’s counsel was willing to schedule a time to meet and confer and had “several

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questions about the scope and basis of [the] motion.” Id. at 3. Instead, after one failed scheduling

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attempt, Better Meat’s counsel proposed speaking with opposing counsel the day after filing the

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motion; if the parties came to any agreement after the motion was filed, Better Meat would

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remove the motion from the calendar “with no one worse for wear.” Id. at 2.

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As discussed in detail in Mollica v. County of Sacramento, this court is “unwilling to

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excuse non-compliance with its standing order.” No. 2:19-02017, 2022 WL 15053335, at *1

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(E.D. Cal. Oct. 26, 2022). The meet and confer requirement saves time and resources for the

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court, counsel, clients and other litigants before the court. See id. Counsel’s ill-fated strategy to

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file the present motion and then remove the motion only if/when the parties reached an

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agreement, would, in fact, not leave “no one worse for wear.” Counsel has wasted its client’s

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money, its own time and resources and the time and resources of this court.

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The court denies Better Meat’s motion for administrative relief without prejudice. If

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Better Meat wishes to refile this motion, it must comply with the court’s standing order before

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doing so.

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This order resolves ECF No. 137.

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IT IS SO ORDERED.

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DATED: May 22, 2023.

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