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Jacqueline M. Taylor v. Employment Development Department

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


November 16, 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).

In an order dated October 25, 2012, the court provided plaintiff with some basic instruction regarding filing and noticing discovery motions and specifically referred plaintiff to Local Rule 251's requirements. (Dkt. No. 38.) Plaintiff was notified that 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). (Id.)

In that same order, the court provided plaintiff an opportunity to notice her pending motion for hearing in accordance with Local Rule 251(a) within fourteen (14) days of the date of service of that order. (Dkt. No. 38.) Plaintiff was cautioned that failure to properly notice the motion for hearing within that time period would result in an order summarily denying the motion without prejudice for failure to comply with the Local Rules and this court's order. (Id.) Although the deadline has now passed, the court's record shows that plaintiff has failed to notice her motion for hearing in accordance with the court's order and Local Rule 251(a).

Accordingly, IT IS HEREBY ORDERED that plaintiff's motion to compel discovery (Dkt. No. 37) is DENIED WITHOUT PREJUDICE for failure to comply with the Local Rules and this court's order.


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