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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 11 ANTHONY DAWAYNE LEE TURNER, Plaintiff(s), 12 13 14 15 v. TOM GRAF, et al., Defendant(s). ) ) ) ) ) ) ) ) ) ) No. C 10-5709 CRB (PR) ORDER (Docket # 69 & 71) 16 17 Plaintiff's motions (docket # 69 & 71) for an order compelling certain 18 discovery are DENIED as premature. The court will not entertain discovery 19 motions unless the parties first comply with the meet-and-confer requirements of 20 the Federal Rules of Civil Procedure and the Court’s Local Rules. See, e.g., Fed. 21 R. Civ. P. 37(a) (motion to compel must include a certification that the movant 22 has in good faith conferred or attempted to confer with the party not making the 23 disclosure in an effort to secure the disclosure without court action); Civ. L. R. 24 37-1 (same). In view of plaintiff’s commitment, the parties may satisfy the meet- 25 and-confer requirements by letter or telephone conversation. Cf. Civil L. R. 1- 26 5(n) ("meet and confer" or "confer" means to communicate directly and discuss 27 in good faith the issue(s); mere sending of a written, electronic or voice-mail 28 communication does not satisfy a requirement to "meet and confer" or to 1 "confer;" requirement can be satisfied only through direct dialogue and 2 discussion – either in a face to face meeting or in a telephone conversation). 3 SO ORDERED. 4 DATED: April 11, 2012 CHARLES R. BREYER United States District Judge 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 N:\10-5709.crborder.wpd 27 28 2

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