Johnson et al v. Nationstar Mortgage LLC

Filing 15

ORDER striking without prejudice Plaintiffs Robert Johnson and Kristin Johnson's 13 Motion to Compel. Signed by Judge James L. Robart. (PM)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 ROBERT JOHNSON, et al., Plaintiffs, 11 v. CASE NO. C16-1031JLR ORDER STRIKING MOTION TO COMPEL 12 13 NATIONSTAR MORTGAGE, LLC, Defendant. 14 15 Before the court is Plaintiffs Robert Johnson and Kristin Johnson’s (collectively, 16 “the Johnsons”) motion to compel Defendant Nationstar Mortgage, LLC, to respond to 17 discovery requests and for sanctions. (Mot. (Dkt. # 13).) The Johnsons filed that motion 18 without first requesting a conference with the court. (See Dkt.) The motion therefore 19 contravenes the court’s October 14 2016, scheduling order. (See Sched. Order (Dkt. 20 # 11) at 2 (citing Fed. R. Civ. P. 16(b)(3)(B)(v)) (“[P]ursuant to Federal Rule of Civil 21 Procedure 16, the Court ‘direct[s] that before moving for an order relating to discovery, 22 the movant must request a conference with the court’ by notifying [the courtroom ORDER - 1 1 deputy] . . . .” (second alteration in original))); see also Fed. R. Civ. P. 16(b)(3)(B)(v) 2 (permitting the court, in its scheduling order, to “direct that before moving for an order 3 relating to discovery, the movant must request a conference with the court”). The court 4 therefore STRIKES the Johnsons’ motion to compel (Dkt. # 13) without prejudice to 5 renewing the motion in a manner that comports with the court’s scheduling order. 1 6 Dated this 17th day of April, 2017. 7 8 A 9 JAMES L. ROBART United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 1 The court recognizes that the Johnsons filed their motion to compel on the last day permitted for such motions under the court’s scheduling order. (See Sched. Order at 1 (“All motions related to discovery must be filed by . . . April 14, 2017”).) Accordingly, the court extends this deadline until Friday, April 21, 2017, to permit the Johnsons an opportunity to renew their motion in a manner that complies with the requirements set forth in the court’s scheduling order. The court admonishes the Johnsons’ counsel to carefully read and abide by the court’s orders in the future. ORDER - 2

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