Elbaor v. Whidbey Public Hospital District

Filing 15

ORDER striking without prejudice Plaintiff's 12 Motion to Enforce Subpoena and Impose Sanctions. 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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JAMES ELBAOR, M.D.,
Plaintiff,

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v.

CASE NO. C18-0469JLR
ORDER STRIKING DISCOVERY
MOTION

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WHIDBEY PUBLIC HOSPITAL
DISTRICT,

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Defendant.

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Before the court is Plaintiff James Elbaor’s motion to enforce a subpoena and
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impose sanctions. (Mot. (Dkt. # 12).) Dr. Elbaor filed this motion without first
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requesting a conference with the court. (See Dkt.) The motion therefore contravenes the
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court’s June 11, 2018, scheduling order. (See Sched. Order (Dkt. # 8) at 2 (“[P]ursuant to
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Federal Rule of Civil Procedure 16, the Court ‘direct[s] that before moving for an order
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relating to discovery, the movant must request a conference with the court’ by notifying
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[the courtroom deputy] . . . .”) (citing Fed. R. Civ. P. 16(b)(3)(B)(v)) (second alteration in
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ORDER - 1

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

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

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request a conference with the court”). The court therefore STRIKES Dr. Elbaor’s motion

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(Dkt. # 12) without prejudice to renewing the motion in a manner that comports with the

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court’s scheduling order.

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Dated this 17th day of April, 2019.

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A

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JAMES L. ROBART
United States District Judge

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ORDER - 2