Wilk v. Neven et al

Filing 59

ORDER Denying without prejudice Plaintiff's 56 Motion for Production of Documents. Signed by Magistrate Judge Carl W. Hoffman on 4/27/2017. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ROBERT WILK,

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Plaintiff,
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v.
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DWIGHT NEVEN, et al,
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Defendants.
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_______________________________________ )

Case No. 2:15-cv-01429-JCM-CWH

ORDER

Presently before the Court is pro se Plaintiff Robert Wilk’s motion for the production of
documents (ECF No. 56), filed on April 25, 2017. Defendants have not filed a response.
Plaintiff’s moves for production of discovery documents that he asserts Defendants have

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failed to produce. 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 asserts he filed and sent discovery requests to Defendants, that Defendants

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refused to comply with the requests, and that Defendants’ counsel suggested Plaintiff file a motion

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regarding production of the documents. Plaintiff has not certified that a good-faith effort was made

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to meet and confer, nor has he explained the substance of the dispute that remains for the requested

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material. The Court will therefore deny Plaintiff’s motion without prejudice. After fulfilling the

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meet and confer obligations, 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. 56) is DENIED without prejudice.
DATED: April 27, 2017.

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

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