McCrohan v. Uxbridge Police Association et al

Filing 42

Magistrate Judge David H. Hennessy: ORDER entered denying 37 Motion to Compel without prejudice; denying 39 Motion for Protective Order without prejudice. (Belpedio, Lisa)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

TARA McCROHAN,
Plaintiff,

v.
UXBRIDGE POLICE ASSOCIATION, et al.
Defendants.

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CIVIL ACTION
NO. 11-40232-TSH

ORDER
August 9, 2013
Hennessy, M.J.
By Order of Reference dated August 8, 2013, pursuant to 28 U.S.C. § 636(b)(1)(A)
(Docket #41), this matter was referred to me for a ruling on Defendants Josiah Morisette1 and
David Bergeron’s (hereinafter “the Defendants’) Motion to Compel the Plaintiff Tara
McCrohan’s Responses to the Defendants’ Request for Production of Documents (Docket #37)
and Motion for Protective Order (Docket #39).
Pursuant to Local Rule 37.1, “[b]efore filing any discovery motion, including any motion
for sanctions or for a protective order, counsel for each of the parties shall confer in good faith to
narrow the areas of disagreement to the greatest possible extent.”

LR, D. Mass. 37.1(a).

Counsel for the moving party is responsible for arranging the conference. Id. If the conference
does not resolve the disputed issues or if opposing counsel fails to respond to a request for a
discovery conference, the dissatisfied party may file a motion and supporting memorandum. LR,
D. Mass. 37.1(b). Such motion “shall include a certificate in the margin of the last page that the
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In both motions, Defendant Josiah Morisette is referred to as “Isaiah Morisette.”
typographical error.

This appears to be a

provisions of [Rule 37.1] have been complied with.” Id. Neither motion contains such a
certificate.
Therefore, both the Motion to Compel the Plaintiff Tara McCrohan’s Responses to the
Defendants’ Request for Production of Documents (Docket #37) and the Motion for Protective
Order (Docket #39) are hereby DENIED WITHOUT PREJUDICE for failure to comply with
Local Rule 37.1.

/S/ David H. Hennessy
David H. Hennessy
UNITED STATES MAGISTRATE JUDGE

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