Strong v. O'Reilly

Filing 47

ORDER Denying 46 Motion to Compel. Signed by Magistrate Judge Bernard G. Skomal on 12/8/2017. (All non-registered users served via U.S. Mail Service)(jdt)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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MATT STRONG,

Case No.: 16CV1894 LAB (BGS)
Plaintiff,

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v.

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ORDER DENYING MOTION TO
COMPEL

FRANCES M. O'REILLY, trustee of the
Frances M O'Reilly family trust initially
created February 1, 1995, THOMAS
KENNY, trustee of the Frances M.
O'Reilly Trust Family Trust Initially
Created February 1, 1995, THOMAS
KENNY, ,

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Defendants.

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On November 29, 2017, Defendant Thomas Kenny filed a Motion to Compel

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seeking to compel Plaintiff Matt Strong to produce documents.1 (ECF No. 46.)

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However, Defendant has failed to comply with the undersigned’s Chambers’ Rules for

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resolution of a discovery dispute. (Chambers’ Rules at 5-7.)

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///

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The Motion was accepted under a discrepancy order on December 8, 2017 despite other
deficiencies in the filing.
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16CV1894 LAB (BGS)

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First, it is unclear whether Defendant and counsel for the Plaintiff have met and

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conferred on this issue. (Id. at 5.) Second, the parties have not contacted the Court to

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specifically and succinctly explain the dispute. (Id. at 6.) Third, Defendant appears to be

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attempting to file a formal motion without approval from the Court, which the Chambers’

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Rules specifically prohibit. (Id. at 7 (“Under no circumstances may any party file any

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motion relating to Rules 26 through 37 and 45, ex parte or otherwise, without complying

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with the procedure set forth in these chambers rules re: discovery disputes.”).)

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The Court recognizes that Defendant is proceeding pro se, however, proceeding

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pro se does not relieve a litigant of their obligation to follow the Federal Rules of Civil

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Procedure, the Local Rules, and the undersigned’s Chambers’ Rules.
The Motion to Compel is DENIED with leave to follow the procedures outlined in
the Chambers’ Rules for resolution of a discovery dispute.
IT IS SO ORDERED.
Dated: December 8, 2017

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16CV1894 LAB (BGS)