(PS) Aussieker v. Nelson

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARK AUSSIEKER, No. 2:19-cv-0868 MCE DB PS Plaintiff, v. ORDER ERIC NELSON, et al., Defendants. 16 Plaintiff Mark Aussieker is proceeding in this action pro se. This matter was referred to the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). On May 23, 2019, plaintiff filed a motion for leave to take discovery prior to a “Rule 26(f) conference.” (ECF No. 4 at 1.) Plaintiff’s motion, however, was not noticed for hearing as required by Local Rule 230. Moreover, “Rule 26(d) of the Federal Rules of Civil Procedure generally provides that formal discovery will not commence until after the parties have conferred as required by Rule 26(f).” Qwest Commc’ns Int’l, Inc. v. WorldQuest Networks, Inc., 213 F.R.D. 418, 419 (D. Colo. 2003); In re Countrywide Fin. Corp. Derivative Litiq., 542 F.Supp.2d 1160, 1179 (C.D. Cal. 2008); Ayyash v. Bank Al–Madina, 233 F.R.D. 325, 326 (S.D. N.Y. 2005). …