Starnet International AMC Inc. v. Kafash

Filing 48

ORDER DENYING WITHOUT PREJUDICE PLAINTIFF STARNET'S MOTION TO COMPEL by Judge Patricia V. Trumbull denying 28 Motion to Compel (pvtlc2, COURT STAFF) (Filed on 8/26/2010)

Starnet International AMC Inc. v. Kafash

Doc. 48

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 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION STARNET INTERNATIONAL AMC INC.,) ) Plaintiff, ) v. ) ) MOUSA KAFASH DBA BAPAZ ) GARMENTS, ET AL., ) ) Defendants. ) ___________________________________ ) Case No.: C 09-04301 LHK (PVT) ORDER DENYING WITHOUT PREJUDICE PLAINTIFF STARNET'S MOTION TO COMPEL [DOCKET NO. 28]

Plaintiff Starnet International AMC, Inc. moves to compel defendant Mousa Kafash doing business as Bapaz Garments to produce documents and to respond to certain discovery requests. ("Starnet"). Additionally, plaintiff Starnet moves for sanctions. Defendant Mousa Kafash doing business as Bapaz Garments opposes the motion. ("Kafash"). Having reviewed the papers and considered the arguments of counsel, IT IS HEREBY ORDERED that plaintiff Starnet's motion to compel is denied without prejudice to a renewed motion.1 As an initial matter, plaintiff Starnet's moving papers fail to comply with the local rules in this district. For example, plaintiff Starnet does not "set forth each request in full, followed immediately by the objections and/or responses thereto." Civ. L.R. 37-2. Moreover, "[f]or each The holding of this court is limited to the facts and particular circumstances underlying the present motion. ORDER, page 1
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such request, the moving papers must detail the basis for the party's contention that it is entitled to the requested discovery and must show how the proportionality and other requirements of FRCivP 26(b)(2) are satisfied." Id. As another example, plaintiff Starnet's motion for sanctions must be separately filed. See Civ. L.R. 7-8(a). Next, the court notes that the parties are required to meet and confer in advance of filing the instant motion and there is no indication of any such efforts in plaintiff Starnet's moving papers. See Civ. L.R. 37-1(a). Lastly, plaintiff Starnet has not cited to the Federal Rules of Civil Procedure or other applicable authority. Accordingly, plaintiff Starnet's motion to compel is denied without prejudice to a renewed motion. Plaintiff Starnet is advised to review the local rules on the court's website located at www. cand.uscourts.gov. IT IS FURTHER ORDERED that the hearing scheduled to be held on August 31, 2010 is vacated. IT IS FURTHER ORDERED that defendant Kafash's motion for sanctions is denied without prejudice to a renewed motion. See Civ. L.R. 7-8(a). IT IS SO ORDERED. Dated: August 26, 2010 PATRICIA V. TRUMBULL United States Magistrate Judge

ORDER, page 2