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)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
MICHAEL J. POWERS, et al.,
Plaintiffs,
vs.
CITY OF FERGUSON, et al.,
Defendants.

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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.

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