Burdette v. Tech Mahindra (Americas) Inc

Filing 39

ORDER striking Plaintiff's 38 Motion to Compel without prejudice to renewing the motion in a manner that comports with the court's scheduling order. 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 JAY BURDETTE, CASE NO. C16-1151JLR Plaintiff, 11 v. ORDER STRIKING MOTION TO COMPEL 12 13 TECH MAHINDRA (AMERICAS), INC., 14 Defendant. 15 Before the court is Plaintiff Jay Burdette’s motion to compel Defendant Tech 16 Mahindra (Americas), Inc., to respond to certain interrogatories and requests for the 17 production of documents. (Mot. (Dkt. # 38).) Mr. Burdette filed his motion without first 18 requesting a conference with the court. (See Dkt.) The motion therefore contravenes the 19 court’s October 20, 2016, scheduling order. (See Sched. Order (Dkt. # 19) at 2 (citing 20 Fed. R. Civ. P. 16(b)(3)(B)(v)) (“[P]ursuant to Federal Rule of Civil Procedure 16, the 21 Court ‘direct[s] that before moving for an order relating to discovery, the movant must 22 ORDER - 1 1 request a conference with the court’ by notifying [the courtroom deputy] . . . .” (second 2 alteration in original))); see also Fed. R. Civ. P. 16(b)(3)(B)(v) (permitting the court, in 3 its scheduling order, to “direct that before moving for an order relating to discovery, the 4 movant must request a conference with the court”). The court therefore STRIKES Mr. 5 Burdette’s motion to compel (Dkt. # 19) without prejudice to renewing the motion in a 6 manner that comports with the court’s scheduling order. 1 7 Dated this 5th day of July, 2017. 8 9 A 10 JAMES L. ROBART United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 1 The court recognizes that Mr. Burdette filed his motion to compel on the last day permitted for such motions. (See Sched. Order at 1 (“All motions related to discovery must be filed by . . . June 30, 2017”).) Accordingly, the court extends this deadline until Wednesday, July 12, 2017, to permit Mr. Burdette an opportunity to renew his motion in a manner that complies with the requirements set forth in the court’s scheduling order. The court admonishes Mr. Burdette’s counsel to carefully read and abide by the court’s orders in the future. ORDER - 2

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