Hogan v. Central Loan Administration and Reporting ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 THOMAS M. HOGAN and RU HOGAN, No. 2:22-cv-00039 WBS AC 12 Plaintiffs, 13 v. ORDER 14 CENTRAL LOAN ADMINISTRATION, et al, 15 Defendants. 16 17 18 Pending before the court is plaintiffs’ motion to have deemed admissions withdrawn. 19 ECF No. 46. The motion was taken under submission. This discovery matter was referred to the 20 undersigned pursuant to E.D. Cal. R. (“Local Rule”) 302(c)(1). 21 This motion is procedurally defective. Local Rule 251(b) establishes requirements for any 22 party bringing a motion pursuant to Federal Rules of Civil Procedure 26 through 37, including the 23 requirement that the parties meet and confer and file a joint discovery statement. A motion to 24 withdraw admissions is governed by Federal Rule of Civil Procedure 36(b), and thus comes 25 within the scope of Local Rule 251(b). The exception to the meet and confer and joint statement 26 requirements, Local Rule 251(e), does not apply here because the moving party is not 27 “aggrieved” by the other party’s “total failure to respond to a discovery request or order.” Rule 28 251(e). ] No joint discovery statement has been filed. Additionally, it is clear that the parties have 2 || not sufficiently met and conferred regarding the instant dispute. Because plaintiffs, the movants, 3 || did not satisfy Local Rule 251(b)’s meet and confer requirement or the joint discovery statement 4 || requirement, the motion is denied without prejudice. See e.g., U.S. v. Molen, 2012 WL 5940383, 5 || at *1 (E.D.Cal. Nov. 27, 2012) (where a party fails to comply with Local Rule 251, discovery 6 || motions are denied without prejudice to re-filing). 7 For the reasons stated above, IT IS HEREBY ORDERED that plaintiffs’ motion at ECF 8 | No. 46 is DENIED without prejudice to re-filing following appropriate meet and confer efforts 9 || and upon a properly filed joint statement. 10 IT IS SO ORDERED. 11 | DATE: January 31, 2023 ~ 12 AMten—Clone ALLISON CLAIRE 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28