Faulks v. Wells Fargo & Company et al

Filing 94

ORDER:1) DENYING WITHOUT PREJUDICE 92 Discovery Letter Briefs 2) GRANTING 93 Ex Parte Application re Case Management Deadlines. The discovery deadline is CONTINUED to 12/9/2015. The dispositive motion deadline is VACATED.3) The parties shall appear for a courtroom meet and confer session on 11/2/2015 at 9:00 a.m.4) The in-person meet and confer requirement for discovery disputes is REINSTATED5) The parties shall file an updated joint case management statement by 12/16/2015Signed by Judge Maria-Elena James on 10/16/2015. (cdnS, COURT STAFF) (Filed on 10/16/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LAURENCE FAULKS,

Case No. 13-cv-02871-MEJ

Plaintiff,
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ORDER RE: DISCOVERY AND
PRETRIAL DEADLINES

v.
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WELLS FARGO & COMPANY, et al.,
Defendants.

United States District Court
Northern District of California

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As a preliminary matter, on September 21, 2015, the Court granted Plaintiff’s request to

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allow the parties to meet and confer regarding discovery disputes either by telephone or video

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conference. Dkt. No. 81. The Court warned the parties it would reinstate the in-person meeting

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requirement if it determined these meetings are not fruitful. Given the parties’ recent filings (see

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Dkt. Nos. 92, 93), it is clear the meetings have not been fruitful. Therefore, the Court hereby

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REINSTATES the in-person meet and confer requirement. For any disputes that arise, regardless

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of who initiates the dispute, the parties shall alternate meetings at counsels’ offices. Alternatively,

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the parties may agree to other locations, as long as they meet in person in a good faith attempt to

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resolve their disputes.

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Substantively, there are several discovery disputes now pending (Dkt. No. 92) that could

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be resolved through in-person meet and confer efforts. Accordingly, the Court DENIES all

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pending discovery letters WITHOUT PREJUDICE. The Court ORDERS the parties to meet and

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confer in person on November 2, 2015 at 9:00 a.m. in Courtroom B, 15th Floor, 450 Golden Gate

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Avenue, San Francisco, California. The parties shall come prepared to meaningfully discuss and

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resolve their disputes. If unable to resolve the dispute, the parties shall draft revised joint letter(s)

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at the session in compliance with paragraph 2 of the Standing Order. Thus, the parties are

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ORDERED to bring any necessary equipment to draft the letter(s) and present it to the Deputy

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Clerk for electronic filing. If the parties meet and confer in person and resolve their disputes or

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meet in person and thereafter file a joint letter prior to November 2, they shall jointly request the

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Court vacate the meet and confer session. Given the drawn out nature of the procedural history in

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this case, the parties are advised that the Court is unlikely to rule on any discovery disputes based

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on timeliness objections. The Court urges the parties to focus on the merits of the case and the

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potential relevance of any requests under Federal Rule of Civil Procedure 26.

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Procedurally, as to Defendant’s Ex Parte Application to Continue the Discovery Cut-Off
and Dispositive Motion Deadlines (Dkt. No. 93), the Court finds a continuance would benefit both

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parties for the purposes discussed herein. Accordingly, the discovery deadline is CONTINUED to

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United States District Court
Northern District of California

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December 9, 2015. The Court VACATES the dispositive motion deadline. The parties shall file

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an updated Joint Case Management Statement by December 16, 2015.

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IT IS SO ORDERED.

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Dated: October 16, 2015
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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