Burke v. Professional Transportation, Inc

Filing 36

ORDER striking without prejudice plaintiff's 34 Motion to Compel Discovery. Signed by Judge James L. Robart. (SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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GERALDINE BURKE,
Plaintiff,

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v.

CASE NO. C18-0081JLR
ORDER STRIKING MOTION TO
COMPEL

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PROFESSIONAL
TRANSPORTATION, INC.,

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Defendant.

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Before the court is Plaintiff Geraldine Burke’s motion to compel discovery. (Mot.
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(Dkt # 34).) The court STRIKES the motion without prejudice to refiling in conformity
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with the Federal Rules of Civil Procedure, the court’s Local Civil Rules, and the court’s
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prior orders in this matter.
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First, Ms. Burke filed her motion without initially requesting a conference with the
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court. (See Dkt.) The motion therefore contravenes the court’s April 9, 2018, scheduling
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order. (See Sched. Order (Dkt. # 15) at 2 (citing Fed. R. Civ. P. 16(b)(3)(B)(v))
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ORDER - 1

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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’ by notifying [the courtroom deputy] . . . .” (second alteration in original))); see

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also Fed. R. Civ. P. 16(b)(3)(B)(v) (permitting the court, in its scheduling order, to

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“direct that before moving for an order relating to discovery, the movant must request a

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conference with the court”).

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Second, the court’s scheduling order set a deadline of January 25, 2019, for the

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filing of all motions related to discovery. (See Sched. Order at 2.) Therefore, to file such

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a motion after this deadline, Ms. Burke must first demonstrate good cause for modifying

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the court’s scheduling order and seek the court’s consent. See Fed. R. Civ. P. 16(b)(4)

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(“A schedule may be modified only for good cause and with the judge’s consent.”) Ms.

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Burke has done neither here. (See generally Dkt.; see also Mot.) The court therefore

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STRIKES Ms. Burke’s motion to compel discovery (Dkt. # 34) without prejudice to

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renewing the motion in a manner that comports with the Federal Rules of Civil

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Procedure, the court’s Local Civil Rules, and prior orders of this court.

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Dated this 8th day of March, 2019.

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A

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JAMES L. ROBART
United States District Judge

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ORDER - 2