Ellis v. Phillips and Cohen Associates, Ltd.

Filing 116

ORDER RE: DEFENDANT'S DISCOVERY STATEMENT AND DECLARATION IN SUPPORT. Re: Dkt. No. 113 . The parties are ordered to meet and confer and submit a joint letter brief that complies with the Court's standing order by 7/25/2016. Signed by Judge Nathanael Cousins on 7/19/2016. (lmh, COURT STAFF) (Filed on 7/19/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TERRACE ELLIS,
Plaintiff,

United States District Court
Northern District of California

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v.
PHILLIPS AND COHEN
ASSOCIATES, LTD.,

Case No. 14-cv-05539 EJD (NC)
ORDER RE: DEFENDANT’S
DISCOVERY STATEMENT AND
DECLARATION IN SUPPORT
Re: Dkt. No. 113

Defendant.
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In this unlawful debt collection action, defendant Phillips and Cohen (Phillips)

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moves to depose plaintiff Terrace Ellis on July 28, 2016, after the discovery cutoff in the

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case. Dkt. No. 113. Phillips has filed a discovery statement and declaration explaining

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why it has good cause to depose a witness after the discovery cut off ordered by the district

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court. Id. at 3. Taking the discovery statement as a motion asking this Court to order the

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deposition of Ellis on July 28, 2016, the Court DENIES the motion without prejudice and

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orders the parties to meet and confer and file a joint discovery letter if they cannot reach a

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resolution.

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This Court’s civil standing order requires that for all discovery disputes, “the parties

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must meet and confer to attempt to resolve their dispute. The meet and confer must be in

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person or by telephone. A mere exchange of letters, emails, or messages does not satisfy

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the requirement to meet and confer. If the parties are unable to reach a resolution, they

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must file a joint statement of five pages or less that: (1) describes each unresolved issue;
Case No. 14-cv-05539 EJD

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and (2) states each party’s proposed compromise with respect to each unresolved issue.”
Therefore, Phillips’ motion is denied without prejudice. The parties are ordered to

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meet and confer and submit a joint letter brief that complies with the Court’s standing

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order by July 25, 2016. When the Court receives the joint letter brief it will either decide

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the dispute without a hearing under Local Rule 7-6 or will set the matter for hearing.

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IT IS SO ORDERED.

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Dated: July 19, 2016

_____________________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

Case No.:14-cv-05539-EJD

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United States District Court
Northern District of California

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