Bush v. Delta Regional Medical Center

Filing 31

ORDER denying 30 Motion to Compel. Signed by Jane M Virden on 3/16/2012. (sef)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
JAMES BUSH

PLAINTIFFS

VS.

CIVIL ACTION NO. 4:11cv87-A-V

DELTA REGIONAL MEDICAL CENTER

DEFENDANT

ORDER
This matter is before the court on motion of the plaintiff to compel discovery (# 30). The
court has examined the plaintiffs’ motion. However, because plaintiff did not follow the local
rule, the court is unable to consider 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.”
Plaintiff 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 plaintiff’s motion fails to meet the requirements of Local Rule
37(b).
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 plaintiff attempt to confer in good faith and receive what it
1

believes unsatisfactory responses, and if the federal and local rules are followed, the court will
consider the matter at that time. However, unnecessary motions or requests for court intervention
could result in sanctions. The parties are encouraged to proceed with civility and legitimate use
of court intervention.
IT IS THEREFORE ORDERED that the plaintiffs’ motion to compel discovery responses
(# 30) is hereby DENIED.
SO ORDERED, this the 16th day of March 2012.

/s/ Jane M. Virden
UNITED STATES MAGISTRATE JUDGE

2