Mitchell v. Tyson Foods, Inc. et al

Filing 21

MEMORANDUM AND ORDER re: 20 MOTION to Compel filed by Plaintiff Kahnita Mitchell - IT IS HEREBY ORDERED that Plaintiffs motion to compel is DENIED without prejudice, pursuant to Local Rule 37-3.04(A). ECF No. 20. Signed by District Judge Audrey G. Fleissig on 9/22/2017. (JMC)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI SOUTHEASTERN DIVISION KAHNITA MITCHELL, ) ) ) ) ) ) ) ) ) ) Plaintiff, vs. TYSON FOODS, INC. and RICHARD RILEY, Defendants. Case No. 1:17-cv-00067-AGF MEMORANDUM AND ORDER This matter is before the Court on Plaintiff’s motion (ECF No. 20) to compel further disclosures from Defendant pursuant to Federal Rule of Civil Procedure 26(a)(1). The motion will be denied without prejudice, pursuant to Local Rule 37-3.04(A), which states that the Court will not consider any motion related to discovery and disclosure unless the motion contains a statement that movant’s counsel has conferred in person or by telephone with the opposing counsel in good faith or has made reasonable efforts to do so, but that after sincere efforts to resolve their dispute, counsel are unable to reach an accord. Pursuant to Local Rule 3.04(A), the statement must recite the date, time, and manner of such in-person or telephone conference, and the names of the individuals participating therein, or must state with specificity the efforts made to confer with opposing counsel. Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion to compel is DENIED without prejudice, pursuant to Local Rule 37-3.04(A). ECF No. 20. _______________________________ AUDREY G. FLEISSIG UNITED STATES DISTRICT JUDGE Dated this 22nd day of September, 2017.

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