Opinion
Case No. 2:12-cv-00086-JCM-NJK
03-21-2013
BEVERLY GOBEN, Plaintiff(s), v. WAL-MART STORES, INC., et al., Defendant(s).
ORDER DENYING THIRD-PARTY
DEFENDANT NORTH AMERICAN
ROOFING'S "JOINDER" TO
MOTION TO COMPEL
(Docket No. 39)
Before the Court is the Plaintiff's emergency motion to compel, filed on March 15, 2013. Docket No. 36. That motion raises issues concerning, inter alia, the scope of categories to be asked at Plaintiff's Rule 30(b)(6) deposition of Defendant Wal-Mart. See id. On March 19, 2013, Third-Party Defendant North American Roofing filed a "joinder" to Plaintiff's motion to compel. Docket No. 39. That "joinder" seeks a ruling regarding the scope of proposed Rule 30(b)(6) topics for North American Roofing's planned deposition of Wal-Mart. See id. at 3. This is not a proper "joinder" and the Court hereby DENIES it.
North American Roofing is essentially bringing its own emergency motion to compel without satisfying: (1) the meet and confer requirements for such a motion, see, e.g., Local Rule 26-7(b); (2) the requirements for bringing a motion on an emergency basis, see, e.g., Local Rule 7-5(d); or (3) the requirement to file points and authorities in support of the motion, see, e.g., Local Rule 7-2(d).
Indeed, it is unclear that there is any dispute at this point between North American Roofing and Wal-Mart. The "joinder" indicates that Wal-Mart has not objected to any of the identified topics raised by North American Roofing. See Docket No. 39 at 2-3.
Because North American Roofing's "joinder" is actually an improperly filed motion to compel, it is hereby DENIED.
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NANCY J. KOPPE
United States Magistrate Judge