DAVID A. SANDERS, Magistrate Judge.
This matter is before the court on plaintiffs' motion [47] for the imposition of discovery sanctions. Having considered the motion, response and relevant authorities, the court finds that it should be denied.
On October 3
According to the motion, plaintiffs requested the Taser data report ("report") on two previous occasions, once in a letter the City of West Point's chief of police on November 20
Despite now having the report at their disposal, plaintiffs filed the present motion for sanctions, seeking an order allowing them to inform the jury of the defendants' failure to produce the report in a timely manner and, further, an instruction to the jury members that they may draw a negative inference from the defendants' withholding of the report. Plaintiffs argue this sanction is appropriate because, in light of the unreasonable delay, they were forced to conduct their depositions without data from the report.
The question presently before the court is whether the defendants are liable under Federal Rule of Civil Procedure 37 for the delayed production of the Taser data report. Pursuant to Rule 37, "[i]f a party fails to provide information . . . as required by Rule 26(a) or (e), the party is not allowed to use that information . . . to supply evidence on a motion, at a hearing, or at a trial, unless the failure was substantially justified or is harmless." Fed. R. Civ. P. 37(c)(1). The court may also sanction the nonconforming party by informing the jury of the party's failure to provide the required disclosures. Fed. R. Civ. P. 37(c)(1)(B).
However, there is a condition precedent to filing a discovery motion: "counsel must confer in good faith to determine to what extent the issue in question can be resolved without court intervention." L.U. Civ. R. 37(a). Moreover, "[a] Good Faith Certificate . . . must be filed with all discovery motions." Id. (emphasis added). Notably, plaintiffs' motion fails to state whether their counsel attempted to confer in good faith with counsel for the defendants. Moreover, plaintiffs have failed to include a good faith certificate demonstrating counsel had the required conference.
THEREFORE, IT IS HEREBY ORDERED that plaintiffs' motion [47] for the imposition of discovery sanctions is denied.
SO ORDERED.