Gerald Peters Gallery, Inc., et al. VS. Peter Stremmel, et al.

Filing 51

ORDER denying 50 motion to quash or modify subpoenas to plaintiffs' testifying experts. Signed by Magistrate Judge Valerie P. Cooke on 2/27/2018. (Copies have been distributed pursuant to the NEF - DN)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
GERALD PETERS GALLERY, INC.,
et al.,

)
)
)
Plaintiffs,
)
)
vs.
)
)
PETER STREMMEL, et al.,
)
)
Defendants.
)
___________________________________ )
PRESENT:

3:17-CV-0273-MMD (VPC)

MINUTES OF THE COURT
February 27, 2018

THE HONORABLE VALERIE P. COOKE, U.S. MAGISTRATE JUDGE

DEPUTY CLERK:

LISA MANN

REPORTER: NONE APPEARING

COUNSEL FOR PLAINTIFF(S): NONE APPEARING
COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
Plaintiffs’ motion to quash or modify subpoenas to plaintiffs’ testifying experts (ECF No.
50) is DENIED.
Pursuant LR 26-7(c), discovery motions will not be considered unless the movant has (1)
made a good faith 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-and-confer
conference about each disputed discovery request.
The court notes that plaintiffs’ counsel sent an email to defense counsel at 2:07 pm on
February 26, 2018 (ECF No. 50-2). One hour and forty-five minutes later on the same day,
plaintiffs filed their motion and state that “[d]efense counsel did not respond [to the email] prior
to filing the motion but plaintiffs’ counsel anticipates that the parties will make a good faith
attempt to resolve or narrow the issue requiring court resolution.”
The court finds that plaintiffs did not communicate in good faith in order to discuss and
resolve discovery issues. The object of meeting and conferring is not simply to demand that
opposing counsel perform certain actions. LR IA 1-3 defines meet and confer as a “means to
communicate directly and discuss in good faith the issues required under the particular rule or

order.” This requirement may only be satisfied through direct dialogue and discussion in a faceto-face meeting, telephone conference, or video conference.
IT IS SO ORDERED.
DEBRA K. KEMPI, CLERK
By:

/s/
Deputy Clerk