Veridian Credit Union v. Eddie Bauer LLC

Filing 89

ORDER re: Plaintiff's 85 Motion to Compel Defendant Eddie Bauer, LLC to produce responsive documents and a privilege log. The court STRIKES Veridian's motion (Dkt. # 85 ) without prejudice to refiling the motion in a manner that comports with the court's scheduling order. The court ORDERS Eddie Bauer to respond to the motion to seal 87 no later than Wednesday, May 2, 2018, at 5:00 p.m. Signed by Judge James L. Robart. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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VERIDIAN CREDIT UNION,
Plaintiff,

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v.

CASE NO. C17-0356JLR
ORDER STRIKING DISCOVERY
MOTION

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EDDIE BAUER, LLC,
Defendant.

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Before the court is Plaintiff Veridian Credit Union’s (“Veridian”) motion to

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compel Defendant Eddie Bauer, LLC to produce responsive documents and a privilege

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log. (MTC (Dkt. # 85).) Veridian filed its motion without first requesting a conference

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with the court. The motion therefore contravenes the court’s July 30, 2017, scheduling

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order. (See Am. Sched. Order (Dkt. # 58) at 2 (citing Fed. R. Civ. P. 16(b)(3)(B)(v))

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(“[P]ursuant to Federal Rule of Civil Procedure 16, the Court ‘direct[s] that before

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moving for an order relating to discovery, the movant must request a conference with the

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court’. . . .”)); see also Fed. R. Civ. P. 16(b)(3)(B)(v) (permitting the court, in its

ORDER - 1

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scheduling order, to “direct that before moving for an order relating to discovery, the

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movant must request a conference with the court”). Thus, the court STRIKES Veridian’s

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motion (Dkt. # 85) without prejudice to refiling the motion in a manner that comports

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with the court’s scheduling order.

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This is the second time Veridian has improperly filed a discovery motion, which

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the court has had to strike. (See 2/2/18 Order (Dkt. # 76).) The court will not allow

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Veridian to continue to disregard court orders and will consider appropriate sanctions for

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any additional violations.

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Finally, the court notes that Veridian filed a motion to seal (MTS (Dkt. # 87)) in

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connection with the motion to compel. Because Veridian has already filed the

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confidential document provisionally under seal, the court ORDERS Eddie Bauer to

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respond to the motion to seal no later than Wednesday, May 2, 2018, at 5:00 p.m.

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Veridian may not file a reply brief.

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Dated this 26th day of April, 2018.

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A

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JAMES L. ROBART
United States District Judge

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ORDER - 2