Andrews v. State of Nebraska et al

Filing 30

MEMORANDUM AND ORDER - IT IS ORDERED that plaintiff's Motion to Compel (Filing No. 23 ) and "Motion for Judgment on Compel Discovery Pleadings" (Filing No. 29 ) are denied. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MICHAEL ANDREWS,

)
)
Plaintiff,
)
)
v.
)
)
FICKELL, Officer, et al., and )
HANZEK, Officer, City of
)
Omaha Police Department,
)
et al.,
)
)
Defendants.
)
)

8:11CV279

MEMORANDUM AND ORDER

This matter is before the Court on plaintiff’s Motion
to Compel (Filing No. 23) and “Motion for Judgment on Compel
Discovery” (Filing No. 29).

Nebraska Civil Rule 7.0.1 states:

Discovery Motions. To curtail
undue delay in the administration
of justice, this court only
considers a discovery motion in
which the moving party, in the
written motion, shows that after
personal consultation with opposing
parties and sincere attempts to
resolve differences, the parties
cannot reach an accord. This
showing must also state the date,
time, and place of the
communications and the names of all
participating persons. “Personal
consultation” means person-toperson conversation, either in
person or on telephone. An
exchange of letters, faxes, voice
mail messages, or e-mails is also
personal consultation for purposes
of this rule upon a showing that
person-to-person conversation was

attempted by the moving party and
thwarted by the nonmoving party.
NECivR 7.0.1(i).
Plaintiff’s discovery motions do not comply with any of
the Rule 7.0.1(i) requirements.

Plaintiff does not state he has

attempted to resolve his discovery dispute with defendants, or
attempted to confer with them or their counsel in any way to
discuss the discovery dispute.

Accordingly, plaintiff’s

discovery motions will be denied.
IT IS ORDERED that plaintiff’s Motion to Compel (Filing
No. 23) and “Motion for Judgment on Compel Discovery Pleadings”
(Filing No. 29) are denied.
DATED this 10th day of September, 2012.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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