Espinoza v. Guardian Industries, LLC

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FRANK ESPINOZA, individually and on
behalf of all similarly situated,
Plaintiff,
v.
GUARDIAN INDUSTRIES, LLC,
Defendant.
Case No. 1:24-cv-00853-KES-SAB
ORDER DIRECTING PLAINTIFF TO
REPLY TO DEFENDANT’S RESPONSE RE
MOTION TO COMPEL
(ECF No. 23)
ONE DAY DEADLINE
On October 24, 2025, Defendant filed a response to Plaintiff’s motion to compel. (ECF
No. 23.) In its response, Defendant asserts that as of October 23, 2025 it has produced the wage
statements sought in Plaintiff’s motion to compel and, therefore, has complied with the July 31,
2025 Stipulation and Order. (Id. at p. 4.)
Following the filing of Plaintiff’s motion to compel, (ECF No. 21), the parties met and
conferred and discussed that Plaintiff would consider withdrawing the motion to compel upon
Defendant’s compliance. (Id.) Defendant contends that Plaintiff has refused to do so at this time.
(Id.) Defendant further argues that its actions do not constitute a “complete and total failure” to
respond to a discovery request or order under Local Rule 251(e). Prior to the instant motion to
compel, Defendant asserts it complied with nearly all of the requirements set forth in the July 31,
2025 Stipulation and Order and had informed Plaintiff that it was in the process of gathering the
wage statements. (Id. at p. 5.) Defendant maintains that under these circumstances, Plaintiff

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was obligated to adhere to the meet and confer requirements under Local Rule 251 and file a
joint statement regarding the discovery disagreement prior to filing a motion to compel. (Id.)
Based on the assertions set forth in Defendant’s response, the Court HEREBY ORDERS
that Plaintiff shall file a reply to Defendant’s response (ECF No. 23) on or before October 28,
2025.
IT IS SO ORDERED.
Dated: October 27, 2025
STANLEY A. BOONE
United States Magistrate Judge