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Case 1:07-cv-00026-OWW-TAG Document 71 Filed 11/01/2007 Page 1 of 2

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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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10 DAVID F. JADWIN, ) Case No. 1:07-cv-0026 OWW TAG
)
11 ) ORDER DROPPING PLAINTIFF’S
Plaintiff, ) MOTION TO COMPEL FROM THE
12 ) CALENDAR FOR FAILURE TO
vs. ) COMPLY WITH LOCAL RULE 37-251
13 ) (Doc. 48)
)
14 COUNTY OF KERN, et al., ) ORDER DIRECTING COUNSEL FOR
) DEFENDANTS TO INFORM THE COURT
15 ) AS TO THE STATUS OF DEFENDANTS’
Defendants, ) MOTION FOR A PROTECTIVE ORDER
16 ) (Doc. 56)
____________________________________)
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Plaintiff, David F. Jadwin, (“Plaintiff”) has filed a motion to compel (Doc. 48). Local Rule
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37-251(a) requires that a joint statement re: discovery disagreement be filed no later than three (3)
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court days prior to the scheduled hearing date. The scheduled hearing date for Plaintiff’s motion to
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compel is November 5, 2007. Consequently, the joint statement re: discovery disagreement was
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due no later than October 31, 2007. No joint statement re: discovery disagreement pertaining to
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Plaintiff’s motion to compel has been filed.
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Local Rule 37-251(d) provides that counsel for the moving party may file and serve an
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affidavit addressing specific matters if he is unable to secure opposing the cooperation of opposing
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party’s counsel in preparing or executing the required joint statement. The affidavit must be filed
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at least three (3) court days prior to the scheduled hearing date. In this case, no such affidavit has
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Case 1:07-cv-00026-OWW-TAG Document 71 Filed 11/01/2007 Page 2 of 2

1 been filed by Plaintiff’s counsel.


2 Local Rule 37-251(a) provides that a motion hearing may be dropped from the calendar
3 without prejudice if the joint statement or affidavit is not timely filed. Pursuant to Local Rule
4 37-251(a), Plaintiff’s motion to compel (Doc. 48) is DROPPED from the calendar without
5 prejudice for lack of a joint statement and for lack of a timely affidavit from Plaintiff’s counsel.
6 Defendants’ counsel SHALL ADVISE the court in writing no later than 5:00 p.m. on November 1,
7 2007, if Defendants intend to proceed with the motion for a protective order (Doc. 56), or if they
8 wish to withdraw it at this time.
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10 IT IS SO ORDERED.
11 Dated: November 1, 2007 /s/ Theresa A. Goldner
j6eb3d UNITED STATES MAGISTRATE JUDGE
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