McCommon v. Carlisle Construction Materials, LLC ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT MCCOMMON, on behalf of No. 2:22-cv-00728 MCE AC himself and others similarly situated, 12 Plaintiff, 13 ORDER v. 14 CARLISLE CONSTRUCTION 15 MATERIALS, LLC, a Delaware limited liability company; CARLISLE 16 COMPANIES INCORPORATED, an entity of unknown form; and DOES 1 17 through50, inclusive, 18 Defendants. 19 20 Pending before the court is plaintiff’s motion to compel. ECF No. 25. This discovery 21 matter was referred to the undersigned pursuant to E.D. Cal. R. (“Local Rule”) 302(c)(1). 22 Local Rule 251(b) requires that the parties meet and confer prior to filing a motion to 23 compel discovery. The Standing Orders of the undersigned U.S. Magistrate Judge provide that 24 “[w]ritten correspondence between the parties, including email, is insufficient to satisfy the 25 parties’ meet and confer obligations under Local Rule 251(b). Prior to the filing of a Joint 26 Statement, the parties must confer in person or via telephone or video conferencing in an attempt 27 to resolve the dispute.” See https://www.caed.uscourts.gov/caednew/assets/File/Judge Claire 28 Standing Orders (updated March 2023).pdf. ] Here, other than a few e-mails agreeing to extensions of time (ECF Nos. 25-1 at 3, 25-3, 2 || 25-4), there is no indication that the parties have properly met and conferred regarding the instant 3 || dispute. 4 Because plaintiff, the moving party, did not satisfy Local Rule 251(b)’s meet and confer 5 || requirement, the motion to compel discovery will be denied without prejudice. See e.g., U.S. v. 6 || Molen, 2012 WL 5940383, at *1 (E.D.Cal. Nov. 27, 2012) (where a party fails to comply with 7 || Local Rule 251, discovery motions are denied without prejudice to re-filing). 8 For the reasons state above, IT IS HEREBY ORDERED that plaintiff's motion to compel, 9 || ECF No. 25, is DENIED without prejudice. 10 IT IS SO ORDERED. 11 | DATE: April 12, 2023 ~ 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28