Munoz v. California Department of Corrections and Rehabilitation, 1:16-cv-01103-LJO-JLT. (2018)
Court: District Court, E.D. California
Number: infdco20180816a04
Visitors: 8
Filed: Aug. 15, 2018
Latest Update: Aug. 15, 2018
Summary: ORDER DENYING PLAINTIFF'S REQUEST TO SET A HEARING DATE JENNIFER L. THURSTON , Magistrate Judge . Plaintiff filed a notice of motion to compel discovery on July 30, 2018 1 , and set the matter for hearing on August 20, 2018. (Doc. 34) Local Rule 251(a) required the parties to file a Joint Statement re Discovery Disagreement "at least seven (7) days before the scheduled hearing date." Thus, the joint statement was due no later than August 13, 2018. Local Rule 251 also informs the parties tha
Summary: ORDER DENYING PLAINTIFF'S REQUEST TO SET A HEARING DATE JENNIFER L. THURSTON , Magistrate Judge . Plaintiff filed a notice of motion to compel discovery on July 30, 2018 1 , and set the matter for hearing on August 20, 2018. (Doc. 34) Local Rule 251(a) required the parties to file a Joint Statement re Discovery Disagreement "at least seven (7) days before the scheduled hearing date." Thus, the joint statement was due no later than August 13, 2018. Local Rule 251 also informs the parties that..
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ORDER DENYING PLAINTIFF'S REQUEST TO SET A HEARING DATE
JENNIFER L. THURSTON, Magistrate Judge.
Plaintiff filed a notice of motion to compel discovery on July 30, 20181, and set the matter for hearing on August 20, 2018. (Doc. 34) Local Rule 251(a) required the parties to file a Joint Statement re Discovery Disagreement "at least seven (7) days before the scheduled hearing date." Thus, the joint statement was due no later than August 13, 2018. Local Rule 251 also informs the parties that "[t]he hearing may be dropped from the calendar without prejudice" when a joint statement is not timely filed.
The parties failed to file any joint statement by the deadline of August 13, 2018.2 As a result, the Court dropped the motion from its calendar and vacated the hearing date of August 20, 2018. (Doc. 35)
Accordingly, the Court ORDERS: Plaintiff's request to set a hearing date on the motion is denied as MOOT.
IT IS SO ORDERED.
FootNotes
1. Notably, Plaintiff was directed to file any motion to compel no later than July 20, 2018. (Doc. 29)
2. In the notice of motion to compel, Plaintiff acknowledged a joint statement was to be filed "seven days prior to the hearing" in the notice of motion to compel. (Doc. 34 at 2)
Source: Leagle
