White v. NTC Transportation, Inc. et al

Filing 113

ORDER denying 108 Motion to Compel. Signed by Jane M Virden on 5/31/2013. (sef)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
CHARLES WHITE
VS.

PLAINTIFF
CIVIL ACTION NO.: 4:11cv7-SA-JMV

NTC TRANSPORTATION, INC., ET AL.

DEFENDANTS
ORDER

This matter is before the court on motion of the defendant, NTC Transportation Inc., to
compel discovery (# 108). The court has examined the defendant's motion and the discovery
responses attached to the motion. However, because defense counsel did not follow the local
rule, the court is unable to grant the present motion. Local Rule 37(a) provides, among other
things, that "[b]efore service of a discovery motion, counsel must confer in good faith to
determine to what extent the issue in question can be resolved without court intervention."
Counsel shall then file along with its motion a Good Faith Certificate bearing the signature or
endorsement of "all counsel." Because the certificate must be signed by all counsel, the
procedure often alerts the allegedly derelict party that this is a matter of some seriousness. It also
demands that the parties confer with more than simply a letter and nothing else. Additionally, the
Uniform Local Rule 37(b) requires movant to quote verbatim each discovery request to which the
motion is addressed or state the objections, grounds and reasons in immediate succession to the
quoted discovery request.
The court would note that denial of the present motion is in no way intended as a position
on the merits of the motion. Should defense counsel attempt to confer in good faith and receive
what it believes unsatisfactory responses, and if the federal and local rules are followed, the court
will consider the matter at that time and will likely set the matter for a telephonic hearing.

Plaintiff's counsel should likewise be familiar with the rules related to discovery motions,
including Rule 37(b)(2)(C), which provides for payment of expenses should defense counsel be
forced to file a second motion and the court find the answers to the propounded discovery
inadequate.
IT IS THEREFORE ORDERED that the defendant's motion to compel discovery
responses (# 108) is hereby DENIED.
SO ORDERED, this the 30th day of May 2013.
/s/ Jane M. Virden
UNITED STATES MAGISTRATE JUDGE