Lefoldt v. Rentfro et al
ORDER denying without prejudice 119 Motion to Quash. Signed by Magistrate Judge Michael T. Parker on February 10, 2017. (jg)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
H. KENNETH LEFOLDT, JR.
CIVIL ACTION NO. 5:15cv96‐KS‐MTP
DONALD RENTFRO, et al.
This matter is before the Court on the Motion  to Quash Subpoena Duces Tecum
filed by H. Kenneth Lefoldt, Jr. However, the parties did not comply with the Case Management
Order (“CMO”) or the local rules before the Motion was filed. The CMO provides that:
The court desires to avoid the necessity of filing written discovery motions
where court participation in an informal discussion of the issue might resolve it,
even after the parties have been unsuccessful in a good faith attempt to do so.
Consequently, before a party may serve any discovery motion, counsel must first
confer in good faith as required by F.R.Civ.P. 37(a)(1). If the attorney conference
does not resolve the dispute, counsel must contact the chambers of the magistrate
judge to request a telephonic conference to discuss the issue as contemplated by
F.R.Civ.P. 16(b)(3)(v). Only if the telephonic conference with the judge is
unsuccessful in resolving the issue may a party file a discovery motion.
CMO  at 3.
Furthermore, “[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[, and a] Good Faith Certificate must be filed with all discovery motions.”
L.U.Civ.R. 37(a). “Motions regarding subpoenas [are] considered discovery motions and
are governed by the procedural requirements that govern discovery motions.” L.U.Civ.R.
45(e). The docket does not reflect that the parties have complied with the above
requirements, thus, the Motion  will be denied without prejudice pursuant to the
CMO  and L.U.Civ.R. 37(c).
IT IS, THEREFORE, ORDERED that the Motion  is DENIED without prejudice.
THIS the 10th day of February, 2017.
s/ Michael T. Parker
United States Magistrate Judge
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