Whitall v. Gutierrez et al

Filing 150

Discovery Order re: 147 Discovery Letter Brief[Redacted Public Version] filed by Raymond Richard Whitall. Signed by Judge Thomas S. Hixson on 2/21/2023. (tshlc1, COURT STAFF) (Filed on 2/21/2023)

Case 3:18-cv-01376-CRB Document 150 Filed 02/21/23 Page 1 of 3

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RAYMOND RICHARD WHITALL,

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Plaintiff,

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ORDER RE: SANCTIONS MOTION

v.

Re: Dkt. No. 147
S.D. GUTIERREZ, et al.,
Defendants.

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United States District Court
Northern District of California

Case No. 18-cv-01376-CRB (TSH)

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The parties have filed a joint discovery letter brief in which Plaintiff moves for evidentiary

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sanctions, monetary sanctions and attorneys’ fees. ECF No. 147. Judge Breyer has referred the

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motion to the undersigned. ECF No. 149. In the letter brief, Plaintiff states that due to space

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limitations, he cannot detail Defendants’ many transgressions, and he requests that the Court grant

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him leave to submit formal briefing.

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As it happens, that is what Plaintiff was supposed to do in the first place. Civil Local Rule
37-4 states:

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When, in connection with a dispute about disclosure or discovery, a
party moves for an award of attorney fees or other form of sanction
under Fed. R. Civ. P. 37, the motion must:

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(a) Comply with Civil L.R. 7-8 and Civil L.R. 7-2; and

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(b) Be accompanied by competent declarations which:

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(1) Set forth the facts and circumstances that support
the motion;
(2) Describe in detail the efforts made by the moving
party to secure compliance without intervention by the
Court; and
(3) If attorney fees or other costs or expenses are
requested, itemize with particularity the otherwise

Case 3:18-cv-01376-CRB Document 150 Filed 02/21/23 Page 2 of 3

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Civil Local Rule 7-8 further provides:
Any motion for sanctions, regardless of the sources of authority
invoked, must comply with the following:

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(a) The motion must be separately filed and the date for
hearing must be set in conformance with Civil L.R. 7-2;

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(b) The form of the motion must comply with Civil L.R. 7-2;

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(c) The motion must comply with any applicable Federal Rule
and must be made as soon as practicable after the filing party
learns of the circumstances that it alleges make the motion
appropriate; and

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United States District Court
Northern District of California

unnecessary expenses, including attorney fees,
directly caused by the alleged violation or breach, and
set forth an appropriate justification for any attorneyfee hourly rate claimed.

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(d) Unless otherwise ordered by the Court, no motion for
sanctions may be served and filed more than 14 days after
entry of judgment by the District Court.
Finally, Civil Local Rule 7-2 provides:

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(a) Time. Except as otherwise ordered or permitted by the assigned
Judge or these Local Rules, and except for motions made during the
course of a trial or hearing, all motions must be filed, served and
noticed in writing on the motion calendar of the assigned Judge for
hearing not less than 35 days after filing of the motion. Fed. R. Civ.
P. 6(d), which extends deadlines that are tied to service (as opposed
to filing), does not apply and thus does not extend this deadline.
(b) Form. In one filed document not exceeding 25 pages in length, a
motion must contain:
(1) On the first page in the space opposite the caption and
below the case number, the noticed hearing date and time;
(2) In the first paragraph, notice of the motion including date
and time of hearing;
(3) In the second paragraph, a concise statement of what relief
or Court action the movant seeks; and
(4) In the succeeding paragraphs, the points and authorities in
support of the motion — in compliance with Civil L.R. 7-4(a).
(c) Proposed Order. Unless excused by the Judge who will hear the
motion, each motion must be accompanied by a proposed order.

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(d) Affidavits or Declarations. Each motion must be accompanied by
affidavits or declarations pursuant to Civil L.R. 7-5.

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The undersigned’s Discovery Standing Order is to the same effect, stating that “[n]o
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Case 3:18-cv-01376-CRB Document 150 Filed 02/21/23 Page 3 of 3

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motion for sanctions may be filed until after the moving party has complied with the requirements

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above,” concerning joint discovery letter briefs. The Discovery Standing Order then provides that

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“[m]otions for sanctions shall be filed separately, pursuant to Federal Rule 37 and Civil Local

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Rules 7 and 37-4.”

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Accordingly, the Court ORDERS Plaintiff to refile his motion for sanctions as a formal
noticed motion in conformity with Civil Local Rules 7-2, 7-8 and 37-4.
IT IS SO ORDERED.

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Dated: February 21, 2023

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THOMAS S. HIXSON
United States Magistrate Judge

United States District Court
Northern District of California

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