Cuellar et al v. Alamillo et al

Filing 59

ORDER Denying as Moot 53 Motion to Compel and Denying Motion for Sanctions. Signed by Judge Paul S. Grewal (psglc2, COURT STAFF) (Filed on 3/21/2011)

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Cuellar et al v. Alamillo et al Doc. 59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On February 15, 2011, Plaintiffs filed a motion to compel discovery and for sanctions pursuant to Fed. R. Civ. P. 37. Pursuant to Civil Local Rule 7-1(b), the motion may be determined without oral argument and the hearing scheduled to be held on March 22, 2011 is vacated. I. MOTION TO COMPEL On March 21, 2011, Plaintiffs confirmed that Defendants provided discovery responses without objections after the motion to compel was filed. The motion to compel, therefore, is DENIED as MOOT. II. MOTION F OR SANCTIONS Under Civ. L.R. 7-8, "any motion for sanctions . . . must be separately filed." As Plaintiffs' motion for sanctions is included in its motion to compel, the motion for sanctions fails ORDER, page 1 Dockets.Justia.com UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION JUAN CARLOS CUELLAR, et al., ) ) Plaintiffs, ) ) v. ) ) ANTHONY FIDEL ALAMILLO., et al., ) ) Defendants. ) ___________________________________ ) Case No.: CV 09-04047 PSG ORDER DENYING AS MOOT MOTION TO COMPEL AND DENYING MOTION FOR SANCTIONS (Re: Docket No. 53) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to comply with the local rules. Plaintiffs' motion for sanctions is therefore DENIED. Dated: March 21, 2011 PAUL S. GREWAL United States Magistrate Judge ORDER, page 2

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