Dancer et al v. Swift Transportation Co. of Arizona, LLC et al

Filing 53

ORDER - that Plaintiff's motion to compel, (Filing No. 50 ), is denied. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA KODY L. DANCER, husband and wife; and MEGAN DANCER, husband and wife; 7:17CV5003 Plaintiffs, ORDER vs. SWIFT TRANSPORTATION CO. OF ARIZONA, LLC, and ESTEBAN D. BAUTISTA, Defendants. The court’s scheduling order for this case states: “Motions to compel shall not be filed without first contacting the chambers of the undersigned magistrate judge to set a conference for discussing the parties’ dispute.” (Filing No. 11 at CM/ECF p. 2). The purpose of this requirement is to limit motion practice in favor of first requiring candid discussions between counsel before contacting the court, and absent a resolution between counsel alone, then exploring potential resolution through court-facilitated discussions. Unnecessary motion practice is both expensive and time-consuming, and it undermines the goal of securing “a just, speedy, and inexpensive determination” of this case. Fed.Civ.R.1. Plaintiff did not comply with the court’s order before filing a motion to compel. Accordingly, IT IS ORDERED that Plaintiff's motion to compel, (Filing No. 50), is denied. November 14, 2018. BY THE COURT: s/ Cheryl R. Zwart United States Magistrate Judge

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