ORDER DENYING PLAINTIFF'S MOTIONS TO COMPEL WITHOUT PREJUDICE (Documents 107, 108, 112, 118)

ORDER IMPOSING MEET AND CONFER REQUIREMENT ON PARTIES

ORDER DIRECTING CLERK TO SEND PLAINTIFF A COPY OF LOCAL RULE 251

DENNIS L. BECK, Magistrate Judge.

Plaintiff Eric Wheeler ("Plaintiff") is a prisoner in the custody of the California Department of Corrections and Rehabilitation ("CDCR"). Plaintiff is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff's complaint, filed on May 25, 2012, on the following claims: (1) excessive force in violation of the Eighth Amendment against Defendants Duck, Murrieta and Lowder; (2) failure to protect in violation of the Eighth Amendment against Defendants Duck, Murrietta, Lowder, Loftis and Alison; and (3) deliberate indifference to a serious medical in violation of the Eighth Amendment against Defendants Ross, Mui, Neubarth and Ancheta.

The discovery cut-off is July 16, 2014.

Since May 15, 2014, Plaintiff has filed approximately seven motions to compel. The Court has resolved three of those motions and four remain pending. Given the judicial resources that will be necessary to resolve the remaining four motions, the Court finds it necessary to impose the meet and confer requirement on the parties. Local Rule 251(b). Therefore, within thirty (30) days of the date of service of this order, the parties are ordered to meet and confer by letter in a good faith effort to resolve all pending discovery disputes.

If they are unable to resolve the disputes by letter, the parties are ordered to meet and confer by telephone within fourteen (14) days of the prior meet and confer effort. Defendants' counsel shall arrange for the telephone conference with Plaintiff.

In attempting to resolve the discovery disputes, Defendants are reminded that boilerplate objections do not suffice. Moreover, Plaintiff's expectations must be reasonable and he is limited to seeking documents that are within the scope of discovery. Fed. R. Civ. P. 26, 34. Plaintiff is not entitled to engage in a fishing expedition. Rivera v. NIBCO, Inc., 364 F.3d 1057, 1072 (9th Cir. 2004). It may be necessary for Plaintiff to narrow his requests and/or be more specific as to the information sought.

If, after a good faith attempt, the parties are unable to resolve the remaining disputes, they must file a joint statement regarding the discovery disagreement, in compliance with Local Rule 251(c). The joint statement must include a description of the meet and confer efforts. The Court will provide Plaintiff with a copy of the rule, but Defendants' counsel will bear the burden of preparing and filing the joint statement.

The parties are reminded that if motions to compel are necessary after meet and confer efforts, and the Court makes a finding that either party did not act in good faith in attempting to resolve the discovery disputes, the Court will impose discovery sanctions.

Accordingly, IT IS HEREBY ORDERED that:

IT IS SO ORDERED.

RULE 251 (Fed. R. Civ. P. 37)

MOTIONS DEALING WITH DISCOVERY MATTERS

(a) Hearing Regarding Discovery Disagreements. Except as provided in (e), a hearing of a motion pursuant to Fed. R. Civ. P. 26 through 37, including any motion to exceed discovery limitations or motion for protective order, may be had by the filing and service of a notice of motion and motion scheduling the hearing date on the appropriate calendar at least twenty-one (21) days from the date of filing and service. No other documents need be filed at this time. The hearing may be dropped from the calendar without prejudice if the Joint Statement re Discovery Disagreement or an affidavit as set forth below is not filed at least seven (7) days before the scheduled hearing date. If the notice of motion and motion are filed concurrently with the Joint Statement, the motion shall be placed on the next regularly scheduled calendar for the Magistrate Judge or Judge hearing the motion at least seven (7) days thereafter.

(b) Requirement of Conferring. Except as hereinafter set forth, a motion made pursuant to Fed. R. Civ. P. 26 through 37, including any motion to exceed discovery limitations or motion for protective order, shall not be heard unless (1) the parties have conferred and attempted to resolve their differences, and (2) the parties have set forth their differences and the bases therefor in a Joint Statement re Discovery Disagreement. Counsel for all interested parties shall confer in advance of the filing of the motion or in advance of the hearing of the motion in a good faith effort to resolve the differences that are the subject of the motion. Counsel for the moving party or prospective moving party shall be responsible for arranging the conference, which shall be held at a time and place and in a manner mutually convenient to counsel.

(c) Joint Statement re Discovery Disagreement. If the moving party is still dissatisfied after the conference of counsel, that party shall draft and file a document entitled "Joint Statement re Discovery Disagreement." All parties who are concerned with the discovery motion shall assist in the preparation of, and shall sign, the Joint Statement, which shall specify with particularity the following matters:

(1) The details of the conference or conferences;

(2) A statement of the nature of the action and its factual disputes insofar as they are pertinent to the matters to be decided and the issues to be determined at the hearing; and

(3) The contentions of each party as to each contested issue, including a memorandum of each party's respective arguments concerning the issues in dispute and the legal authorities in support thereof.

Each specific interrogatory, deposition question or other item objected to, or concerning which a protective order is sought, and the objection thereto, shall be reproduced in full. The respective arguments and supporting authorities of the parties shall be set forth immediately following each such objection. When an objection is raised to a number of items or a general protective order is sought that is related to a number of specific items, the arguments and briefing need not be repeated. If a protective order is sought that is unrelated to specific, individual items, repetition of the original discovery document is not required. All arguments and briefing that would otherwise be included in a memorandum of points and authorities supporting or opposing the motion shall be included in this joint statement, and no separate briefing shall be filed.

(d) Failure to Meet or Obtain Joint Statement. If counsel for the moving party is unable, after a good faith effort, to secure the cooperation of counsel for the opposing party in arranging the required conference, or in preparing and executing the required joint statement, counsel for the moving party may file and serve an affidavit so stating, setting forth the nature and extent of counsel's efforts to arrange the required conference or procure the required joint statement, the opposing counsel's responses or refusals to respond to those efforts, the issues to be determined at the hearing, and the moving party's contentions with regard to the issues, including any briefing in respect thereto. Refusal of any counsel to participate in a discovery conference, or refusal without good cause to execute the required joint statement, shall be grounds, in the discretion of the Court, for entry of an order adverse to the party represented by counsel so refusing or adverse to counsel. See L.R. 110.

(e) Exceptions from Required Joint Statement re Discovery Disagreement. The foregoing requirement for a Joint Statement re Discovery Disagreement shall not apply to the following situations: (1) when there has been a complete and total failure to respond to a discovery request or order, or (2) when the only relief sought by the motion is the imposition of sanctions. In either instance, the aggrieved party may bring a motion for relief for hearing on fourteen (14) days notice. The responding party shall file a response thereto not later than seven (7) days before the hearing date. The moving party may file and serve a reply thereto not less than two (2) court days before the hearing date. L.R. 135.

(f) Notice Provisions. By reason of the notice provisions set forth in (a) and (e), the provisions of L.R. 230 shall not apply to motions and hearings dealing with discovery matters.