Horton v. G4S Solutions (USA) Inc., et al.

Filing 45

NOTICE AND ORDER: as to 43 Amended MOTION to Compel Discovery Responses MOTION for Extension of Discovery Deadlines filed by Kimberly Horton. Plaintiff and defendant G4S Secure Solutions (USA), Inc. must confer regarding the 43 Amended Motion to Compel as required by Federal Rule 37(a)(1).3 Plaintiff shall file certification of the conference on or before 10/3/2017. If the conference resolves this matter, a Motion to Withdraw shall be filed by 10/3/2017. If the conference does not resolve the compel issues, a memorandum in opposition shall be filed by 10/9/2017. The Court will not consider the Amended Motion to Compel until the required notification is filed into the record. Signed by Magistrate Judge Erin Wilder-Doomes on 9/19/2017. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

KIMBERLY HORTON

CIVIL ACTION

VERSUS

NO. 16-544-JJB-EWD

G4S SECURE SOLUTIONS (USA), INC. ET AL.

NOTICE AND ORDER
Before the Court is Plaintiff’s Amended Motion to Compel Discovery Responses and
Motion to Extend Discovery Deadline (“Amended Motion to Compel”),1 filed by Kimberly
Horton. The Amended Motion to Compel has been referred to the undersigned for disposition.
Federal Rule of Civil Procedure 37(a)(1) provides:
On notice to other parties and all affected persons, a party may move
for an order compelling disclosure or discovery. The motion must
include a certification that the movant has in good faith conferred or
attempted to confer with the person or party failing to make
disclosure of discovery in an effort to obtain it without court action.
Although the Amended Motion to Compel includes a Rule 37 Certificate,2 the Certificate
does not indicate that the parties ever met and conferred, or even attempted to meet and confer, as
required by Rule 37(a)(1), prior to the filing of the Amended Motion to Compel. Based on the
foregoing, the Court finds that a supplemental certification is necessary to meet the requirements
of Federal Rule of Civil Procedure 37(a)(1).

R. Doc. 43. Plaintiff’s Motion to Compel Discovery Responses and Motion to Extend Discovery Deadline was filed
on the same day as the Amended Motion to Compel, but the original Motion to Compel does not include a certification,
as required by Fed. R. Civ. P. 37(a)(1). See, R. Doc. 42.
2
R. Doc. 43-1.
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Accordingly,
IT IS ORDERED that Plaintiff and defendant G4S Secure Solutions (USA), Inc. (“G4S”)
must confer regarding the Amended Motion to Compel as required by Federal Rule 37(a)(1).3
IT IS FURTHER ORDERED that Plaintiff shall file into the record in this matter a
certification for the Amended Motion to Compel on or before Tuesday, October 3, 2017. The
certification shall specifically set forth (1) how the conference required by this Notice and Order
was scheduled and agreed upon, (2) who participated in the conference, (3) when the conference
took place, (4) whether the conference was conducted by phone or in person, (5) the duration of
the conference, (6) the specific, itemized topics that were addressed at the conference, and (7)
whether any issues were resolved by the parties, and, if so, the terms of the resolution.
IT IS FURTHER ORDERED that if the conference required by this Notice and Order
completely resolves the Amended Motion to Compel, Plaintiff shall file a Motion to Withdraw the
Amended Motion to Compel no later than October 3, 2017.
IT IS FURTHER ORDERED that if the conference required by this Notice and Order
does not resolve the Amended Motion to Compel, G4S must file any memorandum in opposition
no later than October 9, 2017.
Plaintiff and G4S are hereby NOTIFIED that the Court will not consider the Amended
Motion to Compel until the required certification is filed into the record. Failure to timely file the
additional certification will result in dismissal of the Amended Motion to Compel without further
notice. Notwithstanding the fact the parties have sought court intervention, the Court remains
confident that an additional conference will enable the parties to resolve many, if not all, of the

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To the extent counsel have conferred prior to filing the Amended Motion to Compel, this Notice and Order requires
an additional conference.
2

issues raised in the Amended Motion to Compel.
Signed in Baton Rouge, Louisiana, on September 19, 2017.

S
ERIN WILDER-DOOMES
UNITED STATES MAGISTRATE JUDGE

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