Opinion
5:24-cv-00944-SSS-DTBx
07-30-2024
Kristy White v. Costco Wholesale Corporation, et al.
Present The Honorable SUNSHINE S. SYKES, UNITED STATES DISTRICT JUDGE.
CIVIL MINUTES- GENERAL
Proceedings: (IN CHAMBERS) ORDER STRIKING DEFENDANT'S MOTION TO DISQUALIFY PLAINTIFF'S ATTORNEY [Dkt. 11] AND PLAINTIFF'S MOTION TO REMAND CASE TO STATE COURT [Dkt. 12]
Before the Court is Defendant's motion to disqualify Plaintiff's attorney of record [Dkt. 11] and Plaintiff's motion to remand case to state court and awarding costs and attorney's fees. [Dkt. 12]. The motion is fully briefed [Dkt. 22 (Costco Opp.); Dkt. 23 (Reply)] and was taken under submission on July 25, 2024.
Local Rule 7-3 demands that “counsel contemplating the filing of any motion must first contact opposing counsel to discuss thoroughly, preferably in person, the substance of the contemplated motion and any potential resolution.” C.D. Cal. R. 7-3. The conference must occur at least 7 days before the filing of the motion. Id. If the parties cannot reach a resolution, counsel for the moving party must include a statement in the notice of motion articulating that the parties met and conferred on a certain date. Id. Further, the Court's Civil Standing Order requires that statement to include “(1) the names of the counselor's present at the conference, (2) when the conference was held, (3) how long the conference lasted, (4) the manner in which the conference was held, (5) what issues were discussed, and (6) what issues the parties were unable to resolve. The parties are further advised that email correspondence alone is insufficient to satisfy this requirement.” [Dkt. 8 at 12].
A. Defendant's Motion
Defendant fails to comply with the meet-and-confer requirements under Local Rule 7-3 and the Civil Standing Order. Here, Defendant's motion does not include any indication that they attempted to meet and confer with Plaintiff's counsel. [Dkt. 11]. As such, Defendant's motion fails to comply with the requirements of both Local Rule 7-3 and the Civil Standing Order.
B. Plaintiff's Motion
Plaintiff fails to comply with the meet-and-confer requirements under the Civil Standing Order. Here, Plaintiff includes the required statement of compliance in the motion pursuant to Local Rule 7-3 but fails to state the name of the counselor's present at the conference, how long the conference lasted, the manner in which the conference was held, what issues were discussed, and what issues the parties were unable to resolve. [Dkt. 12 at 2]. As such, the Court finds that Plaintiff failed to meet and confer with all Defendants as required under the Civil Standing Order.
Accordingly, the Motion to Remand the case to state court and Defendant's Motion to Disqualify Plaintiff's Attorney are STRICKEN.
IT IS SO ORDERED.