Las Virgenes Municipal Water District-Triunfo Sanitation District v. Gina McCarthy et al

Filing 54

ORDER by Judge Saundra Brown Armstrong REGARDING 51 DISCOVERY LETTER.(terminating 51 Discovery Letter Brief) (ndr, COURT STAFF) (Filed on 8/6/2014)

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1 UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 OAKLAND DIVISION 4 5 LAS VIRGENES MUNICIPAL WATER DISTRICT - TRIUNFO SANITATION 6 DISTRICT, a Joint Powers Authority, RELATED TO: No. C 98-4825 SBA Plaintiffs, 7 8 Case No: C 14-1392 SBA ORDER REGARDING “DISCOVERY LETTER” vs. 9 GINA McCARTHY, Administrator of the Dkt. 51 UNITED STATES ENVIRONMENTAL 10 PROTECTION AGENCY, and DOES 1-10, inclusive, 11 Defendants. 12 13 On July 22, 2014, Plaintiff filed a discovery letter with the Court in which it claims, 14 among other things, that “[t]he scope of discovery has not been resolved.” Dkt. 51. 15 Though not entirely clear, Plaintiff appears to complain that Defendant has not yet 16 produced the administrative record, which, in turn, is delaying its ability to file a discovery 17 motion. The letter concludes: “[W]e ask for your prompt attention to the foregoing so a 18 discovery motion can be filed under FRCP 26(b)(1).” Id. 19 There is no indication that the Plaintiff met and conferred with Defendant prior to 20 submitting its letter, as required by the Court’s Standing Orders. In addition, it is unclear 21 what relief, if any, Plaintiff is requesting in its letter. To the extent that Plaintiff is seeking 22 a court order compelling Defendant to take certain action, Plaintiff must, after first meeting 23 and conferring with Defendant, file an appropriate motion consistent with the Civil Local 24 Rules. See Civ. L.R. 7 (specifying types of motions and requests that may be filed). 25 Docket 51 shall be terminated. 26 27 28 IT IS SO ORDERED. Dated: August 6, 2014 ______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge

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