Weinstein v. Meritor, Inc.

Filing 28

ORDER that 18 Motion to Compel is DENIED. Signed by Magistrate Judge Cam Ferenbach on 2/23/17. (Copies have been distributed pursuant to the NEF - MMM)

UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
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***

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M. PAUL WEINSTEIN,
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Case No. 2:16–cv–1076–JAD–VCF

Plaintiff,
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vs.

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MERITOR, INC.; et.al.,

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ORDER

Defendants.

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Before the court are Weinstein’s motion to compel (ECF No. 18) and Meritor’s response (ECF
No. 21). For the reasons stated below, Weinstein’s motion to compel (ECF No. 18) is denied.

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I. Discussion

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In September 2016, this court entered a discovery plan and scheduling order. (ECF No. 8)
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Pursuant to this order, initial disclosures were due on October 27, 2016. (Id.) The discovery cutoff date
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is March 20, 2017. (Id.)
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Weinstein now moves to compel discovery responses from Meritor. (ECF No. 18) Specifically,
he requests Meritor’s initial disclosures, interrogatories responses, and documents responsive to his

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requests for production. (Id.) Weinstein also asks the court to overrule Meritor’s objections and award

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him attorney’s fees associated with bringing the motion to compel. (Id.)

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“All motions to compel discovery … must set forth in full the text of the discovery originally

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sought and any response to it.” LR 26-7(b). “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 in LR IA 1-3(f) before filing the

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motion, and (2) includes a declaration setting forth the details and results of the meet-and-confer
conference about each dispute discovery request.” LR 26-7(c).

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Weinstein’s motion does not include any of the discovery sought. (ECF No. 18) Nor does it
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contain a declaration describing the parties’ meet-and-confer efforts. Without these two prerequisites,
the court will not consider granting Weinstein’s request to compel discovery responses.

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ACCORDINGLY, and for good cause shown,

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IT IS HEREBY ORDERED that Weinstein’s motion to compel (ECF No. 18) is DENIED.

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IT IS SO ORDERED.

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DATED this 23rd day of February, 2017.

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_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE

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