Turner v. Graff et al
Filing
72
ORDER by Judge Charles R. Breyer denying as premature 69 Plaintiff's Motion to Compel; denying as premature 71 Plaintiff's Motion to Compel (Attachments: # 1 Certificate of Service) (tlS, COURT STAFF) (Filed on 4/11/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ANTHONY DAWAYNE LEE TURNER,
Plaintiff(s),
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v.
TOM GRAF, et al.,
Defendant(s).
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No. C 10-5709 CRB (PR)
ORDER
(Docket # 69 & 71)
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Plaintiff's motions (docket # 69 & 71) for an order compelling certain
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discovery are DENIED as premature. The court will not entertain discovery
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motions unless the parties first comply with the meet-and-confer requirements of
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the Federal Rules of Civil Procedure and the Court’s Local Rules. See, e.g., Fed.
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R. Civ. P. 37(a) (motion to compel must include a certification that the movant
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has in good faith conferred or attempted to confer with the party not making the
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disclosure in an effort to secure the disclosure without court action); Civ. L. R.
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37-1 (same). In view of plaintiff’s commitment, the parties may satisfy the meet-
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and-confer requirements by letter or telephone conversation. Cf. Civil L. R. 1-
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5(n) ("meet and confer" or "confer" means to communicate directly and discuss
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in good faith the issue(s); mere sending of a written, electronic or voice-mail
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communication does not satisfy a requirement to "meet and confer" or to
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"confer;" requirement can be satisfied only through direct dialogue and
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discussion – either in a face to face meeting or in a telephone conversation).
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SO ORDERED.
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DATED: April 11, 2012
CHARLES R. BREYER
United States District Judge
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