Jenks et al v. New Hampshire Motor Speedway, Inc. et al

Filing 147

ORDER denying without prejudice 135 Motion to Compel. So Ordered by Judge Joseph A. DiClerico, Jr.(dae)

UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEW HAMPSHIRE

Melissa Jenks, Individually
and as g/n/f of Roderick Jenks
v.

Civil No. 09-cv-205-JD

New Hampshire Motor Speedway, Inc.,
Breann M. Thompson, and Textron, Inc.
v.
Textron Financial Corp. and
A.B.L., Inc.
O R D E R
Melissa Jenks, as the guardian and next friend of her
husband, Roderick Jenks, and on her own behalf, sued New
Hampshire Motor Speedway, Breann Thompson, and Textron, Inc.,
alleging negligence claims against Thompson and the Speedway and
product liability claims against Textron.

Jenks moves to compel

Textron to provide documents that were requested on April 1,
2011, and to respond to interrogatories propounded on September
2, 2011.

Textron did not file a response to the motion within

the time allowed.
Under the local rules of this district, “[a]ny party filing
a motion other than a dispositive motion shall certify to the
court that a good faith attempt has been made to obtain
concurrence in the relief sought.”

LR 7.1(c).

Jenks’s motion to

compel is not a dispositive motion and does not include a
certification that she made a good faith attempt to obtain
Textron’s concurrence in the relief she is seeking.

Because

discovery disputes, if possible, should be resolved by counsel
before resorting to the court, counsel are expected to confer
before a motion is filed.

Even when the parties have repeatedly

disagreed about a matter, the certification required by LR 7.1(c)
requires a last attempt to reach agreement before a motion is
filed.

Conclusion
For the foregoing reasons, the plaintiff’s motion to compel
(document no. 135) is denied without prejudice to refile a motion
to compel if that is necessary after counsel confer about the
issues raised in this motion.

If counsel are unable to resolve

this dispute, any motion to compel must include a certification
as required by LR 7.1(c).
SO ORDERED.
____________________________
Joseph A. DiClerico, Jr.
United States District Judge
January 18, 2012
cc:

R. Matthew Cairns, Esquire
James M. Campbell, Esquire
R. Peter Decato, Esquire
Dona Feeney, Esquire
Mark V. Franco, Esquire
Neil A. Goldberg, Esquire
John A.K. Grunert, Esquire
Daniel R. Mawhinney, Esquire
David S. Osterman, Esquire
Christopher B. Parkerson, Esquire
Michael D. Shalhoub, Esquire
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