Riley v. Kernan et al

Filing 85

ORDER Denying as Moot 84 Plaintiff's Request for Hearing Date and Time for Motion to Compel Discovery. Signed by Magistrate Judge Linda Lopez on 1/28/2021. (All non-registered users served via U.S. Mail Service) (tcf)

Case 3:16-cv-00405-MMA-LL Document 85 Filed 01/28/21 PageID.972 Page 1 of 2

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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STEVEN E. RILEY,

Case No.: 16cv405-MMA-LL
Plaintiff,

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v.

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ORDER DENYING AS MOOT
PLAINTIFF’S REQUEST FOR
HEARING DATE AND TIME FOR
MOTION TO COMPEL
DISCOVERY

S KERNAN, et al.,

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Defendants.

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[ECF No. 84]

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Presently before the Court is a request from Plaintiff, proceeding pro se, seeking a

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hearing date and time for a motion to compel discovery. ECF No. 84. Plaintiff states that

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the parties met and conferred on January 5, 2021 about Plaintiff’s claim that Defendants

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have not complied with interrogatories and have disregarded subpoenas. Id.

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On January 15, 2021, this Court denied Plaintiff’s application for a hearing date and

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time for a motion to compel discovery and instead ordered the parties to meet and confer

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regarding discovery disputes, and if the dispute is still unresolved, to file a Joint Motion

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for Determination of Discovery Dispute (“Joint Motion”) by February 12, 2021.

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ECF No. 82. A motion hearing date is not required because the Court indicated that after

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the Joint Motion is filed, the Court will take the matter under submission and without oral

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argument, as is allowed pursuant to Civil Local Rule 7.1(d)(1). Id. at 2. If the parties file a
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16cv405-MMA-LL

Case 3:16-cv-00405-MMA-LL Document 85 Filed 01/28/21 PageID.973 Page 2 of 2

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Joint Motion, all current discovery disputes that the parties have met and conferred about

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may be addressed in the Joint Motion. Accordingly, the Court DENIES AS MOOT

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Plaintiff’s request for a hearing date and time for a motion to compel discovery.

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IT IS SO ORDERED.
Dated: January 28, 2021

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16cv405-MMA-LL