Somers v. Digital Realty Trust Inc et al
Filing
283
ORDER by Judge Kandis A. Westmore denying 280 Motion to Strike. (kawlc2, COURT STAFF) (Filed on 3/6/2018)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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PAUL SOMERS,
Plaintiff,
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ORDER DENYING MOTION TO
STRIKE
v.
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DIGITAL REALTY TRUST INC, et al.,
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United States District Court
Northern District of California
Case No. 14-cv-05180-EMC (KAW)
Defendants.
Re: Dkt. No. 280
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On February 27, 2018, Defendants Digital Realty Trust Inc.'s and Ellen Jacobs's lead
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counsel filed a notice of unavailability. (Dkt. No. 279.) The notice of unavailability was
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withdrawn that same day. (Id.) On February 28, 2018, Plaintiff Paul Somers filed a motion to
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strike the notice of unavailability.1 (Dkt. No. 280.) On March 1, 2018, Defendants filed an
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opposition to Plaintiff's motion, stating that the notice of unavailability was inadvertently filed and
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had already been retracted. (Dkt. No. 281 at 1.) Because the notice of unavailability was
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withdrawn prior to Plaintiff's filing of his motion, Plaintiff's motion to strike is DENIED as moot.
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In Plaintiff's motion, Plaintiff also appears to state that he "has fulfilled his obligations to
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meet and confer and will file the motion for sanctions." (Dkt. No. 280 at 2.) The Court has
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insufficient information to determine whether the meet and confer obligation was in fact met. The
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Court does, however, remind the parties of their obligation to meet and confer in good faith.
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Further, the Court has warned the parties that they are not to file any further discovery-related
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letters or requests except as related to the production ordered in the July 11, 2017 order. (Dkt. No.
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Although Plaintiff filed the instant motion before the presiding judge, the motion is related to a
discovery dispute, and has thus been referred to the undersigned for resolution. (See Dkt. No.
282.)
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266 at 1-2.) To the extent Plaintiff's motion for sanctions is related to a discovery dispute that
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could have been raised by Plaintiff in the letter that was to be filed on March 14, 2017 and/or the
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letter filed on April 29, 2017, but was not, those discovery disputes have been deemed waived.
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(Dkt. No. 245 at 2, 13, 17, 20; see also Dkt. Nos. 191, 212, 218, 221, 238, 266.)
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IT IS SO ORDERED.
Dated: March 6, 2018
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge
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United States District Court
Northern District of California
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