Anderson v. Arnone et al
Filing
38
ORDER denying 29 Plaintiff's Motion to Compel. See attached ruling. Signed by Judge Thomas P. Smith on July 22, 2014.(Slitt, M.)
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
OSCAR ANDERSON,
Plaintiff,
v.
LEO C. ARNONE, et al.,
Defendants.
:
:
:
:
:
:
:
CASE NO. 3:13-cv-425(AVC)(TPS)
RULING ON PLAINTIFF’S MOTION TO COMPEL [Doc. #29]
On May 9, the plaintiff filed a Motion for Default.
Doc. #29.
On May 29, 2014, the Court denied the motion for default, and
determined that the motion should be construed as a motion to
compel.
Doc. #35.
The remaining defendant, Captain Anita Hardy,
has responded to the motion to compel.
For the reasons that
follow, the motion is denied.
Motions to compel are governed by Rule 37 of the Federal Rules
of Civil Procedure and District of Connecticut Local Civil Rule 37.
The local rule requires that, before filing a motion to compel, the
moving party must confer with opposing counsel in a good faith
effort to resolve the dispute.
The purpose of this rule is to
encourage the parties to resolve discovery disputes without court
intervention.
See Hanton v. Price, No. 3:04cv473(CFD), 2006 WL
581204, at *1 (D. Conn. Mar. 8, 2006).
If discussions are not
successful, the party moving to compel must submit an affidavit
certifying the attempted resolution and specifying which issues
were resolved and which remain.
In addition, Local Rule 37(b)1
requires that the moving party file a memorandum stating the
precise nature of the case, listing each item of discovery sought
and explaining why the item should be allowed.
Further, copies of
the discovery requests must be included as exhibits.
Although the plaintiff attaches a copy of the interrogatories
to his motion, he only states that the defendant did not respond
within thirty days.
He does not indicate that he made any attempt
to resolve this issue before seeking court involvement, and has not
filed the required memorandum.
The plaintiff’s motion to compel [Doc. #29] is DENIED.
So ordered at Hartford, Connecticut, this 22nd
day of July
2014.
/s/ Thomas P. Smith
THOMAS P. SMITH
UNITED STATES MAGISTRATE JUDGE
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?