Louisiana Farm Bureau Casualty Insurance Company v. FCA US LLC

Filing 17

NOTICE AND ORDER re: 16 MOTION to Quash Subpoenas and for Protective Order. Plaintiff and Defendant must confer as required by Federal Rule 26(c)(1). Defendant shall file a supplemental certification into the record by 2/2/3/2018. If a conference resolves the Motion, Defendant shall file a Motion to Withdraw by 2/23/2018 otherwise a memorandum in opposition is due by 3/2/2018. Signed by Magistrate Judge Erin Wilder-Doomes on 2/12/2018. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

LOUISIANA FARM BUREAU
CASUALTY INSURANCE COMPANY

CIVIL ACTION

VERSUS

NO. 17-286-JWD-EWD

FCA US LLC

NOTICE AND ORDER REGARDING DEFENDANT’S MOTION TO QUASH
SUBPOENAS AND FOR A PROTECTIVE ORDER
Before the Court is Defendant FCA US LLC’s Motion to Quash Subpoenas and for a
Protective Order (the “Motion”).1 In the Motion, Defendant seeks a protective order and an order
quashing two subpoenas propounded by Plaintiff commanding testimony and the production of
documents in this matter from William Soria Janina, III, a non-testifying consulting expert hired
by Defendant.2 As of the date of this Notice and Order, Plaintiff has not filed an opposition to the
Motion. The Motion has been referred to the undersigned for disposition.
Federal Rule of Civil Procedure 26(c)(1) provides:
A party or any person from whom discovery is sought may move for
a protective order in the court where the action is pending -- or as an
alternative on matters relating to a deposition, in the court for the
district where the deposition will be taken. The motion must include
a certification that the movant has in good faith conferred or
attempted to confer with other affected parties in an effort to resolve
the dispute without court action.
In the Motion, Defendant asserts that “it has in good faith conferred or attempted to confer
with counsel for the Plaintiff in an effort to resolve this discovery dispute without court action, but

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R. Doc. 16.
Id.; See, R. Doc. 16-1 at p. 1.

the dispute remains unresolved.”3 However, the Court finds that a supplemental certification is
necessary to meet the requirements of Federal Rule of Civil Procedure 26(c)(1).
IT IS ORDERED that Plaintiff and Defendant must confer as required by Federal Rule
26(c)(1).4
IT IS FURTHER ORDERED that Defendant shall file into the record in this matter a
supplemental certification for the Motion on or before Friday, February 23, 2018.

The

supplemental 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 Motion, Defendant shall file a Motion to Withdraw the Motion no later
than February 23, 2018.
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
March 2, 2018.
Plaintiff and Defendant are hereby NOTIFIED that the Court will not consider the Motion
until the required supplemental certification is filed into the record. Failure to timely file the
additional certification will result in dismissal of the Motion without further notice.

3

R. Doc. 16 at p. 1.
To the extent counsel have conferred prior to filing the Motion, this Notice and Order requires an additional
conference.
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2

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 February 12, 2018.

S
ERIN WILDER-DOOMES
UNITED STATES MAGISTRATE JUDGE

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