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Jacqueline M. Taylor v. Employment Development Department

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


October 24, 2012

JACQUELINE M. TAYLOR, PLAINTIFF,
v.
EMPLOYMENT DEVELOPMENT DEPARTMENT, DEFENDANT.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

Presently pending before the court is plaintiff's motion to compel discovery filed on October 22, 2012. (Dkt. No. 37.)*fn1 It appears that defendant objected to several document requests propounded by plaintiff, and that plaintiff now requests an order compelling defendant to produce any responsive documents. (Id.) However, plaintiff has not noticed the motion for a hearing in accordance with Local Rule 251(a). Although the court liberally construes the pleadings and filings of persons proceeding without counsel, they are required to abide by the court's Local Rules and the Federal Rules of Civil Procedure, and failure to comply with these rules "may be grounds for imposition by the Court of any and all sanctions authorized by statute or Rule or within the inherent power of the Court." See E.D. Cal. L.R. 110, 183(a).

Local Rule 251(a) generally provides that "a hearing of a motion pursuant to Fed. R. Civ. P. 26 through 37...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." E.D. Cal. L.R. 251(a). No briefing or declarations need be filed with the initial notice of motion, because Local Rule 251 requires the parties to confer regarding the discovery dispute and then file a joint statement regarding their discovery disagreement at least seven (7) days before the noticed hearing date. E.D. Cal. L.R. 251(a)-(c).*fn2

Accordingly, within fourteen (14) days of the date of service of this order, plaintiff shall notice the motion for hearing in accordance with Local Rule 251(a). Failure to properly notice the motion for hearing within this time period will result in an order summarily denying the motion without prejudice for failure to comply with the Local Rules and this court's order.

IT IS SO ORDERED.


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