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Strong v. O'Reilly, 16CV1894 LAB (BGS). (2017)

Court: District Court, N.D. California Number: infdco20171211912 Visitors: 6
Filed: Dec. 08, 2017
Latest Update: Dec. 08, 2017
Summary: ORDER DENYING MOTION TO COMPEL BERNARD G. SKOMAL , Magistrate Judge . On November 29, 2017, Defendant Thomas Kenny filed a Motion to Compel seeking to compel Plaintiff Matt Strong to produce documents. 1 (ECF No. 46.) However, Defendant has failed to comply with the undersigned's Chambers' Rules for resolution of a discovery dispute. (Chambers' Rules at 5-7.) First, it is unclear whether Defendant and counsel for the Plaintiff have met and conferred on this issue. ( Id. at 5.) Second, th
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ORDER DENYING MOTION TO COMPEL

On November 29, 2017, Defendant Thomas Kenny filed a Motion to Compel seeking to compel Plaintiff Matt Strong to produce documents.1 (ECF No. 46.) However, Defendant has failed to comply with the undersigned's Chambers' Rules for resolution of a discovery dispute. (Chambers' Rules at 5-7.)

First, it is unclear whether Defendant and counsel for the Plaintiff have met and conferred on this issue. (Id. at 5.) Second, the parties have not contacted the Court to specifically and succinctly explain the dispute. (Id. at 6.) Third, Defendant appears to be attempting to file a formal motion without approval from the Court, which the Chambers' Rules specifically prohibit. (Id. at 7 ("Under no circumstances may any party file any motion relating to Rules 26 through 37 and 45, ex parte or otherwise, without complying with the procedure set forth in these chambers rules re: discovery disputes.").)

The Court recognizes that Defendant is proceeding pro se, however, proceeding pro se does not relieve a litigant of their obligation to follow the Federal Rules of Civil Procedure, the Local Rules, and the undersigned's Chambers' Rules.

The Motion to Compel is DENIED with leave to follow the procedures outlined in the Chambers' Rules for resolution of a discovery dispute.

IT IS SO ORDERED.

FootNotes


1. The Motion was accepted under a discrepancy order on December 8, 2017 despite other deficiencies in the filing.
Source:  Leagle

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