Mitchell, Jr. v. Department of Corrections et al

Filing 56

ORDER denying 49 Request., denying 50 Motion., denying 53 Motion to Compel. Signed by Magistrate Judge Nancy J. Koppe on 8/28/2017. (Copies have been distributed pursuant to the NEF - JM)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

DISTRICT OF NEVADA

9
10

DONALD E. MITCHELL, JR.,

11

Plaintiff(s),

12

vs.

13

NEVADA DEPARTMENT OF
CORRECTIONS, et al.,

14
Defendant(s).
15

)
)
)
)
)
)
)
)
)
)
)

Case No. 2:16-cv-00037-RFB-NJK
ORDER
(Docket Nos. 49, 50, 53)

16

Pending before the Court are Plaintiff’s motion for judicial notice and motion to respond or

17

correspond with the Court. Docket Nos. 49, 50.1 The Court construed these filings as discovery

18

motions. Docket No. 51. Defendants filed a response. Docket No. 52. No reply has been filed. Also

19

pending before the Court is Plaintiff’s motion to compel. Docket No. 53. Defendant’s filed a response.

20

Docket No. 55. No reply has been filed. For the reasons discussed below, the motions are all DENIED.

21

Discovery motions may only be filed after the movant conducts a pre-filing conference in an

22

attempt to resolve or narrow the issues in dispute. See, e.g., Fed. R. Civ. P. 37(a)(1); Local Rule 26-7(c).

23

The Court expressly advised Plaintiff of these requirements in the scheduling order in this case. Docket

24

No. 35 at 2-3. The Court further explained that inmates bringing civil rights claims are not exempt from

25

this requirement, except that they may rely on the exchange of letters rather than personal consultation.

26

See id. at 3. The pending motions lack a certification that a good faith meet-and-confer was conducted.

27
28

1

It appears these motions were mailed on June 29, 2017. Docket No. 49 at 4.

1

Moreover, Defendants affirmatively represent to the Court that such a pre-filing conference was never

2

conducted by Plaintiff. Docket No. 52 at 6; Docket No. 55 at 6.

3
4

Accordingly, as a proper meet-and-confer has not been certified or conducted, Plaintiff’s motions
are hereby DENIED.

5

IT IS SO ORDERED.

6

DATED: August 28, 2017

7

______________________________________
NANCY J. KOPPE
United States Magistrate Judge

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2