Riese v. Chase Home Finance, LLC et al

Filing 54

ORDER re Plaintiff's Motion to Compel. Signed by Magistrate Judge Nandor J. Vadas on November 28, 2012. (njvlc2, COURT STAFF) (Filed on 11/28/2012)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 EUREKA DIVISION 8 9 MICHAEL D. RIESE, 11 For the Northern District of California United States District Court 10 Plaintiff, No. C 11-03297 NJV ORDER RE PLAINTIFF’S MOTION TO COMPEL v. 12 CHASE HOME FINANCE, LLC, et al., 13 Defendants. ___________________________________/ 14 15 Plaintiff Michael Riese filed a motion to compel, which is scheduled to be heard on 16 December 11, 2012. See Doc. Nos. 50, 53. In its opposition to the motion, Defendant JPMorgan 17 Chase Bank, N.A. represents that it has supplemented its responses to the document requests and 18 requests for admission at issue, and that Plaintiff has deemed the supplemental responses sufficient. 19 Doc. No. 52 (attaching Plaintiff’s November 7, 2012 email). Defendant contends the motion is 20 moot. Plaintiff has failed to file a reply contradicting Defendant’s representation that the discovery 21 dispute is moot; but he also has failed to withdraw the motion. To avoid the waste of judicial 22 resources on this matter, the court orders Plaintiff on or before December 4, 2012, either to (1) 23 withdraw his motion to compel or (2) file a reply identifying any pending issues. 24 25 IT IS SO ORDERED. 26 27 28 Dated: November 28, 2012 NANDOR J. VADAS United States Magistrate Judge

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