O v. Flynn Group, Inc. a/d/b/a Keith Flynn Everton

Filing 30

ORDER granting 25 Motion to Extend Time. Discovery due by 7/28/2017., Motions due by 8/28/2017., Proposed Joint Pretrial Order due by 9/27/2017; denying 26 Motion to Compel. Signed by Magistrate Judge Nancy J. Koppe on 5/10/2017. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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Pending before the Court are Plaintiff’s motions to extend discovery deadlines and to compel,

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filed on an emergency basis. Docket Nos. 25, 26. Defendant filed responses to both motions.

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Docket Nos. 28, 29. No replies were filed. See Docket.

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MEL O,
Plaintiff(s),

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FLYNN GROUP, INC.,
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Defendant(s).

Case No. 2:16-cv-01712-JCM-NJK
ORDER
(Docket Nos. 25, 26)

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Plaintiff asks the Court to extend the discovery cut-off date so that she may obtain additional

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responses to certain discovery requests. See Docket No. 25 at 6-7. Plaintiff also asks the Court to

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compel Defendant to provide additional responses to those discovery requests because, she submits,

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its initial responses were inadequate. See, e.g., Docket No. 26 at 6-11. Defendant responds that

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“Plaintiff failed to adequately attempt to resolve any discovery issues prior to filing the Motion to

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Compel.” Docket No. 29 at 4.

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Federal Rule of Civil Procedure 37(a)(1) requires that a motion to compel discovery “must

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include a certification that the movant has in good faith conferred or attempted to confer” with the

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nonresponsive party. Similarly, Local Rule 26-7(c) provides that “[d]iscovery motions will not be

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considered unless the movant (1) has made a good-faith effort to meet and confer as defined in LR

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IA 1-3(f) before filing the motion, and (2) includes a declaration setting forth the details and results

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of the meet-and-confer conference about each disputed discovery request.”

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The case law in this District makes clear that to satisfy the meet and confer requirement,

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parties must “meaningfully discuss each contested discovery dispute in a genuine effort to avoid

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judicial intervention.” Shufflemaster, Inc. v. Progressive Games, Inc., 170 F.R.D. 166, 171-72 (D.

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Nev. 1996). This obligation “promote[s] a frank exchange between counsel to resolve issues by

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agreement or to at least narrow and focus matters in controversy before judicial resolution is sought.”

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Nevada Power v. Monsanto, 151 F.R.D. 118, 120 (D. Nev. 1993). To meet this obligation, parties

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must “treat the informal negotiation process as a substitute for, and not simply a formal prerequisite

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to, judicial review of discovery disputes.” Id. The parties must “present to each other the merits of

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their respective positions with the same candor, specificity, and support during the informal

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negotiations as during the briefing of discovery motions.” Id. “Only after all the cards have been

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laid on the table, and a party has meaningfully assessed the relative strengths and weaknesses of its

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position in light of all available information, can there be a ‘sincere effort’ to resolve the matter.”

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Id.

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To ensure that parties comply with these requirements, movants must file certifications that

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“accurately and specifically convey to the court who, where, how, and when the respective parties

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attempted to personally resolve the discovery dispute.” Shufflemaster, 170 F.R.D. at 170. Moreover,

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the Court “may look beyond the certification to determine if in fact the parties conferred and

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attempted to resolve in good faith all disputed issues before resorting to court intervention.” De

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Leon v. CIT Small Bus. Lending Corp., 2013 U.S. Dist. Lexis 64907, at *28 (D. Nev. May 7, 2013)

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(citing Childress v. Darby Lumber, Inc., 357 F.3d 1000, 1010 (9th Cir. 2004)) (overruling objection

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to denial of motion to compel on the basis that a sufficient meet and confer was not held despite

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certification to the contrary).

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In this instance, Plaintiff bases her motion to compel primarily on Defendant’s responses to

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her request for production of documents. See, e.g., Docket No. 26 at 7-11. As Defendant submits,

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however, Plaintiff received its responses to her request for production of documents on March 28,

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2017, yet waited until April 27, 2017, to approach Defendant about those responses. See, e.g.

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Docket No. 29 at 2; see also Docket No. 26 at 5. Additionally, Plaintiff’s counsel’s affidavit

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suggests that she approached Defendant’s counsel about the responses in the midst of a deposition.

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See Docket No. 26-1 at 1. Moreover, counsel’s affidavit suggests that she focused on Plaintiff’s

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desire to extend the discovery cut-off date and her proposal of implementing a stipulated protective

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order to assuage general privacy concerns. See id. Thus, it appears that counsel had little time to

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discuss their positions and, indeed, did not discuss each request and the propriety of each

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corresponding response, as required to satisfy the meet and confer requirements. See Shufflemaster,

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170 F.R.D. at 171-72 (parties must “meaningfully discuss each contested discovery dispute in a

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genuine effort to avoid judicial intervention”).

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Accordingly, the Court DENIES without prejudice Plaintiff’s motion to compel. Docket No.

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26. Plaintiff may file a renewed motion to compel, after engaging in a proper meet and confer, no

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later than May 20, 2017. For good cause shown and excusable neglect, the Court GRANTS

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Plaintiff’s motion to extend discovery deadlines. Docket No. 25. The discovery cut-off is extended

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to July 28, 2017. The dispositive motions deadline is extended to August 28, 2017, and the joint

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proposed pretrial order deadline is extended to September 27, 2017.

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IT IS SO ORDERED.

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DATED: May 10, 2017.

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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