Austin v. Horizon Human Services Incorporated

Filing 39

ORDER: IT IS ORDERED DENYING Plaintiff's Motion to Compel Discovery 33 . (See attached PDF for details). Signed by Senior Judge Frederick J Martone on 9/10/13.(JAMA)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Gary Austin, Plaintiff, 10 11 vs. 12 Horizon Human Services. Inc., 13 Defendant. 14 ) ) ) ) ) ) ) ) ) ) ) ) No. CV-12-02233-PHX-FJM ORDER 15 16 The court has before it plaintiff’s motion to compel discovery (doc. 33) and 17 defendant’s response (doc. 36). Plaintiff did not file a reply and the time for doing so has 18 expired. See LRCiv 7.2(d). 19 Plaintiff filed a motion to compel discovery on August 13, 2013. Any motion to 20 compel “must include a certification that the movant has in good faith conferred or attempted 21 to confer with the person or party failing to make disclosure or discovery in an effort to 22 obtain it without court action.” Fed. R. Civ. P. 37(a)(1). No discovery motion will be 23 considered or decided unless the movant attaches to his motion a certification that “after 24 personal consultation and sincere efforts to do so,” the parties have been unable to 25 satisfactorily resolve the matter. LRCiv 7.2(j); Hart v. Agnos, 2008 WL 2008966, *7 (D. 26 Ariz. 2008). 27 Plaintiff provides no affidavit, declaration, or certification signed under penalty of 28 1 perjury, detailing his good faith attempts to resolve the discovery dispute with opposing 2 counsel prior to seeking a judicial resolution of the issue. Instead, the motion contains one 3 sentence stating that the “Plaintiff has engaged in good-faith efforts to resolve this situation 4 with the Defendant and has reached an impasse.” Motion at 1. This is not sufficient under 5 the Rules. Because plaintiff did not file a reply, he does not dispute defendant’s argument 6 that the motion to compel does not comply with either the federal or local rules. 7 Therefore, IT IS ORDERED DENYING plaintiff’s motion to compel (doc. 33). 8 Because it is difficult for a party to successfully manage the complexities of a lawsuit 9 unaided by a lawyer, we urge plaintiff to seek the advice of counsel. If he does not have a 10 lawyer, he may wish to call the Lawyer Referral Service of the Maricopa County Bar 11 Association at 602-257-4434. 12 DATED this 10th day of September, 2013. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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