BELTON v. GROUNDS, C 11-6360 CRB (PR). (2012)
Court: District Court, N.D. California
Number: infdco20120813370
Visitors: 8
Filed: Aug. 10, 2012
Latest Update: Aug. 10, 2012
Summary: ORDER CHARLES R. BREYER, District Judge. Plaintiff's motion (docket # 29) for an order compelling answers to certain interrogatories is DENIED. The court will not entertain discovery motions unless the parties first comply with the meet-and-confer requirements of the Federal Rules of Civil Procedure and the Court's Local Rules. See, e.g. , Fed. R. Civ. P. 37(a) (motion to compel must include a certification that the movant has in good faith conferred or attempted to confer with the party not
Summary: ORDER CHARLES R. BREYER, District Judge. Plaintiff's motion (docket # 29) for an order compelling answers to certain interrogatories is DENIED. The court will not entertain discovery motions unless the parties first comply with the meet-and-confer requirements of the Federal Rules of Civil Procedure and the Court's Local Rules. See, e.g. , Fed. R. Civ. P. 37(a) (motion to compel must include a certification that the movant has in good faith conferred or attempted to confer with the party not m..
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ORDER
CHARLES R. BREYER, District Judge.
Plaintiff's motion (docket # 29) for an order compelling answers to certain interrogatories is DENIED. The court will not entertain discovery motions unless the parties first comply with the meet-and-confer requirements of the Federal Rules of Civil Procedure and the Court's Local Rules. See, e.g., Fed. R. Civ. P. 37(a) (motion to compel must include a certification that the movant has in good faith conferred or attempted to confer with the party not making the disclosure in an effort to secure the disclosure without court action); Civ. L. R. 37-1 (same). In view of plaintiff's incarceration, the parties may satisfy the meet-and-confer requirements by letter or telephone conversation. Cf. Civil L. R. 1-5(n) ("meet and confer" or "confer" means to communicate directly and discuss in good faith the issue(s); mere sending of a written, electronic or voice-mail communication does not satisfy a requirement to "meet and confer" or to "confer;" requirement can be satisfied only through direct dialogue and discussion — either in a face to face meeting or in a telephone conversation).
And for essentially the same reasons, plaintiff's accompanying request (docket # 30) for entry of default based on defendants' alleged failure to respond to his interrogatories is DENIED without prejudice.
SO ORDERED.
Source: Leagle
