Monolithic Power Systems, Inc. et al v. Xiaomi USA LLC et al

Filing 2

ORDER Denying Without Prejudice Plaintiffs' 1 Motion to Compel; Requiring Compliance with Chambers Rules; and Setting Briefing Schedule for Motion to Compel. Signed by Magistrate Judge Daniel E. Butcher on 11/19/21. (dlg)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 MONOLITHIC POWER SYSTEMS, INC., et al., 12 Case No.: 21-cv-1963-GPC-DEB ORDER: Plaintiffs, 13 v. 14 (1) DENYING WITHOUT PREJUDICE PLAINTIFFS’ MOTION TO COMPEL; (2) REQUIRING COMPLIANCE WITH CHAMBERS RULES; AND (3) SETTING BRIEFING SCHEDULE FOR MOTION TO COMPEL XIAOMI USA LLC, et al., 15 Defendants. 16 17 18 19 20 [DKT. NO. 1] 21 22 Before the Court is Plaintiffs’ Motion to Compel Compliance with Subpoenas. Dkt. 23 No. 1. On or before December 10, 2021, counsel must meet and confer, by video 24 conference,1 regarding (1) all disputed issues raised in the Motion filed by Plaintiffs, and 25 26 27 28 Under no circumstances may counsel satisfy the “meet and confer” obligation by written correspondence alone. Counsel must thoroughly meet and confer and must make every effort to resolve all disputes without the necessity of further court intervention. 1 1 21-cv-1963-GPC-DEB 1 (2) whether Plaintiffs’ Motion should be transferred to the United States District Court for 2 the Western District of Texas. See Fed. R. Civ. P. 45(f). 3 If Plaintiffs and Defendants have not resolved their dispute through the meet and 4 confer process, counsel must file and lodge with Magistrate Judge Daniel E. Butcher’s 5 chambers a joint statement entitled “Joint Motion for Determination of Discovery Dispute” 6 (“Joint Motion”). The Joint Motion is to include: (1) a declaration of compliance with the 7 meet and confer requirement; (2) a statement by Defendants regarding whether it consents 8 to the transfer of Plaintiffs’ Motion to the issuing court; and (3) points and authorities (not 9 to exceed 10 pages per side) in which each side succinctly addresses all issues that remain 10 in dispute at the conclusion of meet and confer efforts. The Joint Motion will supersede 11 Plaintiffs’ Motion to Compel and should set forth in full both sides’ positions as to all 12 disputed issues. This filing will be the only briefing the Court will consider. Any exhibits 13 accompanying the Joint Motion must also be filed; however, counsel may not attach copies 14 of any meet and confer correspondence to the Joint Motion. Unless the Court directs 15 otherwise, this matter will be resolved without oral argument. 16 Accordingly, the Court DENIES without prejudice Plaintiffs’ Motion to Compel. 17 Dkt. No. 1. Plaintiffs’ counsel must serve a copy of this Order on Defendants and all parties 18 to the underlying Western District of Texas case. 19 20 IT IS SO ORDERED. Dated: November 19, 2021 21 22 23 24 25 26 27 28 2 21-cv-1963-GPC-DEB

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