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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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 5 6 7 8 9 10 11 12 ROBERT WILK, ) ) Plaintiff, ) ) v. ) ) DWIGHT NEVEN, et al, ) ) Defendants. ) ) _______________________________________ ) 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 13 failed to produce. Under Local Rule 26-7(c), discovery motions will not be considered unless the 14 movant (1) has made a good-faith effort to meet and confer as defined by Local Rule IA 1-3(f) before 15 filing the motion, and (2) includes a declaration setting forth the details and results of the meet-and- 16 confer conference about each disputed discovery request. Local Rule IA 1-3(f)(1) requires that in 17 order to satisfy the meet and confer provision above, the parties must communicate directly and 18 discuss in good faith the issues in dispute. In cases involving an incarcerated individual, the meet 19 and confer conference may be completed through written communication. The Court further notes 20 that, although claims made by pro se plaintiffs are to be construed liberally, they are still bound by 21 the federal rules of procedure. Ghazali v. Moran, 46 F.3d 52, 54 (9th Cir. 1995). 22 Here, Plaintiff asserts he filed and sent discovery requests to Defendants, that Defendants 23 refused to comply with the requests, and that Defendants’ counsel suggested Plaintiff file a motion 24 regarding production of the documents. Plaintiff has not certified that a good-faith effort was made 25 to meet and confer, nor has he explained the substance of the dispute that remains for the requested 26 material. The Court will therefore deny Plaintiff’s motion without prejudice. After fulfilling the 27 meet and confer obligations, Plaintiff may refile this motion if there is a remaining dispute. 28 1 1 2 3 IT IS THEREFORE ORDERED that Plaintiff’s motion for the production of documents (ECF No. 56) is DENIED without prejudice. DATED: April 27, 2017. 4 5 _________________________________ C.W. Hoffman, Jr. United States Magistrate Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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