Cavalier v. Carrington Mortgage Services, LLC et al

Filing 38

NOTICE AND ORDER: Plaintiff and Trans Union must confer regarding the 37 Motion to Compel Discovery Responses From Plaintiff as required by Federal Rule 37(a)(1). Trans Union shall file into the record in this matter a certification for the Motion on or before Tuesday, 12/19/2017. The conference required by this Notice and Order completely resolves the Motion to Compel, Trans Union shall file a Motion to Withdraw the Motion to Compel no later than 12/19/2017. If the conference requir ed by this Notice and Order does not resolve the Motion, Plaintiff must file any memorandum in opposition no later than 12/29/2017. Parties are NOTIFIED that the Court will not consider the 37 Motion to Compel until certification is filed. Signed by Magistrate Judge Erin Wilder-Doomes on 12/5/2017. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

SHIRLEY CAVALIER

CIVIL ACTION

VERSUS

NO. 17-260-SDD-EWD

CARRINGTON MORTGAGE
SERVICES, LLC ET AL.

NOTICE AND ORDER
Before the Court is a Motion to Compel Plaintiff’s Discovery Responses and Brief in
Support (“the Motion”), filed by defendant Trans Union, LLC (“Trans Union”).1 The Motion 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.
The Motion to Compel does not include a Rule 37 Certificate, nor does Trans Union allege
that the parties met and conferred, as required by Rule 37(a)(1), prior to the filing of this Motion.
Accordingly,
IT IS ORDERED that Plaintiff and Trans Union must confer regarding the Motion as
required by Federal Rule 37(a)(1).2
IT IS FURTHER ORDERED that Trans Union shall file into the record in this matter a
certification for the Motion on or before Tuesday, December 19, 2017. The certification shall

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R. Doc. 37.
To the extent counsel have conferred prior to filing the Motion, this Notice and Order requires an additional
conference.
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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 Motion to Compel, Trans Union shall file a Motion to Withdraw the
Motion to Compel no later than December 19, 2017.
IT IS FURTHER ORDERED that if the conference required by this Notice and Order
does not resolve the Motion, Plaintiff must file any memorandum in opposition no later than
December 29, 2017.
Plaintiff and Trans Union are hereby NOTIFIED that the Court will not consider the
Motion until the required certification is filed into the record. Failure to timely file the additional
certification will result in dismissal of the Motion 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 issues raised in the Motion.
Signed in Baton Rouge, Louisiana, on December 5, 2017.

S
ERIN WILDER-DOOMES
UNITED STATES MAGISTRATE JUDGE

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