Powers et al v. City of Ferguson et al

Filing 58

MEMORANDUM AND ORDER re: 56 MOTION to Compel Motion to Deem Admitted Request for Admissions filed by Plaintiff Keith Rose, Plaintiff Umar Lee, Plaintiff Michael Lhotak, Plaintiff Jasmine Woods, Plaintiff Michael J Powers motion is DENIED without prejudice.. Signed by District Judge Rodney W. Sippel on 10/16/17. (LGK)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION MICHAEL J. POWERS, et al., Plaintiffs, vs. CITY OF FERGUSON, et al., Defendants. ) ) ) ) ) ) ) ) ) Case No. 4:16 CV 1299 RWS MEMORANDUM AND ORDER Plaintiffs move to compel this Court to either deem certain requests for admission admitted by the City of Ferguson or to determine the City’s responses insufficient and order a complete response without objection. Apparently, this issue has previously been ruled upon by Judge Limbaugh in a similar case involving the City of Ferguson. Having reviewed the motion, it will be denied without prejudice at this time. Plaintiffs have failed to comply with all the requirements of Local Rule 3.04, which applies to the instant motion. Although plaintiffs allege that they attempted to resolve this dispute by letter and a subsequent telephone conference, they fail to provide the Court with the date and time of the telephone conference and the attorneys involved in that conference as required by local rule. Given Judge Limbaugh’s decision and the recent referral of this case to alternative dispute resolution, the Court urges the parties to use additional good faith efforts to resolve this dispute (and, if possible, the entirety of the case) rather than simply refiling this motion without further discussion as this issue should be easily solvable without Court intervention. Accordingly, IT IS HEREBY ORDERED that plaintiffs’ motion to compel [56] is denied without prejudice. _______________________________ RODNEY W. SIPPEL UNITED STATES DISTRICT JUDGE Dated this 16th day of October, 2017. 2

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