Mir v. Medical Board of California et al
Filing
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ORDER Denying 190 Plaintiff's Ex Parte Application to Compel Whitney to Answer Deposition Question. Signed by Magistrate Judge David H. Bartick on 8/23/16. (All non-registered users served via U.S. Mail Service)(dlg)
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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JEHAN ZEB MIR, M.D.,
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Civil No.
Plaintiff,
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ORDER REGARDING
PLAINTIFF’S EX PARTE
APPLICATION TO COMPEL
WHITNEY TO ANSWER
DEPOSITION QUESTION
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MEDICAL BOARD OF CALIFORNIA,
et al.,
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12cv2340-GPC (DHB)
Defendants.
[ECF No. 190]
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On August 10, 2016, Plaintiff Jehan Zeb Mir, M.D. (“Plaintiff”) filed an ex parte
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motion requesting the Court compel Linda K. Whitney to answer a deposition question.
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(ECF No. 190.) The Court has reviewed Plaintiff’s motion, and notes that Plaintiff has
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failed to comply with this Court’s procedures for filing discovery motions. Specifically,
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Plaintiff has not complied with Section IV.C. of the undersigned Magistrate Judge’s Civil
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Chambers Rules which requires the filing of a Joint Motion for Determination of Discovery
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Dispute.1 Moreover, it appears Plaintiff did not meet and confer with defense counsel prior
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The Chambers Rules are available at:
https://www.casd.uscourts.gov/Rules/Lists/Rules/Attachments/17/Bartick%20Civil%20Chambers%20R
ules.pdf
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12cv2340-GPC-DHB
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to filing the instant motion. The duty to meet and confer prior to bringing a discovery
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motion is well established. It is required not only by this Court’s Chambers Rules and the
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Southern District’s Civil Local Rules, but also by the Federal Rules of Civil Procedure.
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See Fed. R. Civ. P. 37(a) (a motion to compel discovery “must include a certification that
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the movant has in good faith conferred or attempted to confer with the person or party filing
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to make disclosure or discovery in an effort to obtain it without court action”); Civ. L.R.
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26.1(a) (“The Court will entertain no motion pursuant to Rules 26 through 37, Fed. R. Civ.
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P, unless counsel will have previously met and conferred concerning all disputed issues.”)
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In addition, Plaintiff failed to comply with the Court’s rules governing ex parte
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applications. See Civ. L. R. 83.3(h)(2).
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Plaintiff has been admonished several times that he must comply with the Court’s
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rules. See ECF Nos. 146 at 2; 169 at 2-3; 170 at 2-3; 174 at 3-4; 175 at 3. Further, Plaintiff
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has been specifically and repeatedly warned that the failure to comply will result in motions
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not being considered. See ECF No. 169 at 3 (“Plaintiff is advised that any future
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discovery motion filed after the date of this Order will not be considered unless the
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Court’s rules and procedures are complied with.”). See also ECF Nos. 170 at 2-3; 174
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at 3-4; 175 at 3.
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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion is DENIED
without prejudice.
IT IS SO ORDERED.
Dated: August 23, 2016
_________________________
DAVID H. BARTICK
United States Magistrate Judge
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12cv2340-GPC-DHB
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