Warmsley v. State Farm Fire and Casualty Company

Filing 11

ORDER: Defts 9 Motion to Compel is DISMISSED as moot. Signed by Magistrate Judge Docia L Dalby on 5/31/2011. (JDL)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
LUCILLE WARMSLEY

CIVIL ACTION

VERSUS

NUMBER 10-700-RET-DLD

STATE FARM FIRE AND CASUALTY
COMPANY
ORDER
This matter is before the court on a referral from the district court on defendant’s
motion to compel discovery responses and initial rule 26 disclosures (rec. doc. 9), filed
herein on April 26, 2011. Defendant stated that it propounded discovery to plaintiff on
October 25, 2010, and plaintiff stated that she provided discovery responses on May 17,
2011.
In reviewing the motion, the court first notes that the discovery was propounded
before the parties conferred as required by F.R.C.P. Rule 26(f). See also, Local Rule 26.2.
Under F.R.C.P. 26(d), a party may not seek discovery from any source before the parties
have conferred as required by Rule 26(f);1 thus, defendant's discovery request was
premature. Also, as plaintiff has responded to the discovery requests, the motion is also
moot.
Accordingly,
IT IS ORDERED that the motion to compel (rec. doc. ) be DISMISSED as moot.
Signed in Baton Rouge, Louisiana, on May 31, 2011.

D

MAGISTRATE JUDGE DOCIA L. DALBY

1

Rule 26(d) and Local Rule 26.2 allow exceptions to the requirem ents of Rule 26(f), but those
exceptions are not applicable to this m atter.