Vidal v. Schmitt et al

Filing 60

ORDER. IT IS ORDERED that 56 , 57 , 58 Plaintiff Francisco Vidal's motions to compel are DENIED without prejudice. Signed by Magistrate Judge Carl W. Hoffman on 11/15/2017. (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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FRANCISCO VIDAL, et al.,

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Plaintiffs
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vs.
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JOE LOMBARDO, et al.,
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Defendants.
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__________________________________________)

Case No. 2:15-cv-01943-RFB-CWH
ORDER

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Presently before the court are Plaintiff Francisco Vidal’s motions to compel discovery (ECF

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Nos. 56-58), filed on November 9, 2017. The motions request an order compelling Defendant Las

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Vegas Metropolitan Police Department to produce certain photographs of Detective Matthew

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Jogodka and crime scene photographs taken on October 17, 2013.

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Rule 37(a)(1) of the Federal Rules of Civil Procedure requires a motion to compel to be

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accompanied by “a certification that the movant has in good faith conferred or attempted to confer

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with the person or party failing to make disclosure or discovery in an effort to obtain it without

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court action.” Likewise, under Local Rule 26-7,

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[d]iscovery motions will not be considered unless the movant (1) has made a goodfaith effort to meet and confer as defined in LR IA 1-3(f) before filing the motion,
and (2) includes a declaration setting forth the details and results of the meet-andconfer conference about each disputed discovery request.

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Additionally, the court’s local rules require motions to be supported by a memorandum of points

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and authorities. LR 7-2(a). “The failure of a moving party to file points and authorities in support

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of the motion constitutes a consent to the denial of the motion.” LR 7-2(d). All motions to compel

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discovery “must set forth in full the text of the discovery originally sought and any response to it.”

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LR 26-7(c).

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Here, Mr. Vidal’s motions do not include the required meet-and-confer declaration, do not

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set forth the full text of the discovery request and any response to it, and are not supported by a

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memorandum of points and authorities. The court therefore will deny the motions without

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prejudice. Mr. Vidal is advised that although the court will liberally construe his filings given that

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he is not represented by an attorney, he nevertheless is required to follow the same rules of

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procedure that govern other litigants. See Ghazali v. Moran, 46 F.3d 52, 54 (9th Cir. 1995).

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IT IS THEREFORE ORDERED that Plaintiff Francisco Vidal’s motions to compel (ECF
Nos. 56-58) are DENIED without prejudice.

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DATED: November 14, 2017

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

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