Lutzeier v. Citigroup, Inc. et al

Filing 113

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Motion to Partially Quash or Modify Subpoenas and/or for a Protective Order (ECF No. 111 ) is DENIED without prejudice. Signed by District Judge Ronnie L. White on February 17, 2015. (BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
FRED LUTZEIER,

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Plaintiff,
vs.
CITIGROUP INC., et al.,
Defendants.

Case No. 4:14CV183 RLW

MEMORANUM AND ORDER
This matter is before the Court on Plaintiff’s Motion to Partially Quash or Modify
Subpoenas and/or for a Protective Order (“Motion”; ECF No. 111). Plaintiff’s Motion, however,
fails to comply with E.D.Mo. L.R. 3.04(A), which provides:
The Court will not consider any motion relating to discovery and disclosure unless
it 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. This statement also shall recite the date, time and manner of such
conference, and the names of the individuals participating therein, or shall state
with specificity the efforts made to confer with opposing counsel.
Cotton v. AT&T Operations, Inc., No. 406-CV-438 CAS, 2007 WL 465625, at *1 (E.D. Mo. Feb.
8, 2007). This Court has repeatedly advised the parties to meet and confer in accordance with this
Court’s rules. See, e.g., ECF No. 105, 106. Based upon the continued failure to comply with this
Court’s procedures and premature filing of discovery motions, the Court denies Plaintiff’s Motion,
without prejudice. Plaintiff may refile this Motion, if necessary, once he has properly discussed
this issue with opposing counsel.

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Accordingly,
IT IS HEREBY ORDERED that the Motion to Partially Quash or Modify Subpoenas
and/or for a Protective Order (ECF No. 111) is DENIED without prejudice.
Dated this 17th day of February, 2015.

_______________________________
RONNIE L. WHITE
UNITED STATES DISTRICT JUDGE

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