Barber v. Williams et al

Filing 155

ORDER Denying 154 Plaintiff's motion for the production of documents. Signed by Magistrate Judge Carl W. Hoffman on 4/27/17. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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LARRY BARBER,

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Plaintiff,
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v.
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STEVE WILLIAMS, et al,
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Defendants.
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_______________________________________ )

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Case No. 2:13-cv-00538-GMN-CWH

ORDER

Presently before the Court is pro se Plaintiff Larry Barber’s motion for the production of
documents (ECF No. 154), filed on April 25, 2017. Defendants have not filed a response.

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Plaintiff’s moves for production of discovery documents from Defendants’ experts related to

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excessive force. Under Local Rule 26-7(c), discovery motions will not be considered unless the

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movant (1) has made a good-faith effort to meet and confer as defined by Local Rule IA 1-3(f) before

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filing the motion, and (2) includes a declaration setting forth the details and results of the meet-and-

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confer conference about each disputed discovery request. Local Rule IA 1-3(f)(1) requires that in

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order to satisfy the meet and confer provision above, the parties must communicate directly and

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discuss in good faith the issues in dispute. In cases involving an incarcerated individual, the meet

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and confer conference may be completed through written communication. The Court further notes

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that, although claims made by pro se plaintiffs are to be construed liberally, they are still bound by

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the federal rules of procedure. Ghazali v. Moran, 46 F.3d 52, 54 (9th Cir. 1995).

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Here, Plaintiff has not certified that a good-faith effort was made to meet and confer, nor has

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he explained the substance of the dispute that remains for the requested material. The Court will

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therefore deny Plaintiff’s motion without prejudice. After fulfilling the meet and confer obligations,

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Plaintiff may refile this motion if there is a remaining dispute.

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IT IS THEREFORE ORDERED that Plaintiff’s motion for the production of documents
(ECF No. 154) is DENIED without prejudice.
DATED: April 27, 2017.

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_________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge

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