Stewart v. United States of America

Filing 19

MEMORANDUM AND ORDER -....IT IS HEREBY ORDERED that defendant United States of America's motion for physical exam of plaintiff pursuant to Federal Rule of Civil Procedure 35 is DENIED without prejudice. [Doc. 17] Signed by District Judge Charles A. Shaw on 7/5/2016. (MRC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

GWIN STEWART,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.

)
)
)
)
)
)
)
)
)

No. 4:15-CV-1124 CAS

MEMORANDUM AND ORDER
This matter is before the Court on defendant United States of America’s motion for physical
exam of plaintiff, pursuant to Federal Rule of Civil Procedure 35.
Eastern District Local Rule 3.04(A) provides with respect to motions concerning discovery
and disclosure:
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.
E.D. Mo. L.R. 3.04(A) (emphasis added).
Defendant’s motion contains no certificate regarding counsel’s efforts to resolve this
discovery dispute. Defendant did attached a letter, which referenced a prior e-mail, concerning the
dispute. The Local Rules, however, require a conference in person or by telephone, along with
details concerning the conference, or a statement of the reasonable efforts made to confer in person
or by telephone. The sending of correspondence concerning discovery is insufficient to constitute
a good faith attempt to resolve the dispute under the local rule. As a result of defendant’s failure to

comply with Local Rule 3.04(A), the Court will not consider the instant motion and will deny the
same without prejudice.
Accordingly,
IT IS HEREBY ORDERED that defendant United States of America’s motion for physical
exam of plaintiff pursuant to Federal Rule of Civil Procedure 35 is DENIED without prejudice.
[Doc. 17]

CHARLES A. SHAW
UNITED STATES DISTRICT JUDGE

Dated this

5th

day of July, 2016.

2