MCFADYEN et al v. DUKE UNIVERSITY et al

Filing 297

First MOTION to Compel by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON. Responses due by 10/18/2012 (Attachments: #1 Exhibit Pls' Request for Production Nos. 1-49, #2 Exhibit Pls' Request for Admission Nos. 4-6, #3 Exhibit Certificate of Compliance with LR 37.1, #4 Exhibit Plaintiffs' Subpoena to Chris Cramer, #5 Exhibit Plaintiffs' Subpoena to Gerald Wilson, #6 Exhibit Plaintiffs' Subpoena to Jack Bookman, #7 Exhibit Plaintiffs' Subpoena to John Burness, #8 Exhibit Plaintiffs' Subpoena to Judith Ruderman, #9 Exhibit Plaintiffs' Subpoena to Larry Moneta, #10 Exhibit Plaintiffs' Subpoena to Prasad Kasibhatla, #11 Exhibit Plaintiffs' Subpoena to Richard Brodhead, #12 Exhibit Plaintiffs' Subpoena to Robert Steel, #13 Exhibit Plaintiffs' Subpoena to Robert Thompson, #14 Exhibit Plaintiffs' Subpoena to Stephen Bryan, #15 Exhibit Plaintiffs' Subpoena to Suzanne Wasiolek, #16 Exhibit Plaintiffs' Subpoena to Zoila Airall, #17 Exhibit Smith Dep. Tr. (extracts), #18 Exhibit Smith Dep. Ex. 1 (Gottlieb's Report) (extracts))(EKSTRAND, ROBERT)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

RYAN McFADYEN, et al.,
Plaintiffs,
v.
DUKE UNIVERSITY, et al.,
Defendants

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1:07-cv-953-JAB-JEP

CERTIFICATION OF COUNSEL
(LOCAL RULE 37.1)
Undersigned counsel for Plaintiffs, Ryan McFadyen, Matthew Wilson,
and Breck Archer, respectfully certifies that they have arranged several
meetings with counsel for Duke University throughout the discovery period to
resolve the issues raised in Plaintiffs’ motion to compel.
Undersigned counsel describes many of those meetings as they
specifically related to the discovery requests at issue in the motion to compel;
those descriptions of the meetings and the results plaintiffs’ counsels’ diligent
efforts to avoid filing the motion to compel are incorporated by reference here.
Despite the diligent efforts of undersigned counsel to resolve the issues
raised in the motion, the issues could not be resolved.

Undersigned counsel makes this certification of full compliance with the
Court’s requirements under Rule 37.1(a) of the Local Rules and Rule 37 of the
Federal Rules of Civil Procedure.
The court may treat this Certification as a Declaration given upon the
oath of undersigned counsel under penalty of perjury as permitted under 28
U.S.C. §1746.

Respectfully submitted by:
EKSTRAND & EKSTRAND LLP
Counsel for Plaintiff
/s/ Robert Ekstrand
Robert Ekstrand, N.C. Bar No. 26673