Baldwin v. Independent School District No. 1 of Tulsa County, Oklahoma et al

Filing 19

OPINION AND ORDER by Magistrate Judge Frank H McCarthy ; denying 14 Motion to Compel (tjc, Dpty Clk)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OKLAHOMA
BELINDA BALDWIN,
Plaintiff,
v.
INDEPENDENT SCHOOL DISTRICT
NO. 1 OF TULSA COUNTY,
OKLAHOMA, and JESSICA HAIGHT,
in her individual capacity,
Defendants.

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Case No. 15-CV-85-JED-FHM

OPINION AND ORDER
Plaintiff’s Motion to Compel Rule 26(f) Conference, [Dkt. 14], is before the court for
decision. Defendant has filed a response. [Dkt. 17]. No reply was filed.
Defendant declined Plaintiff’s written request to participate in a Fed. R. Civ. P. 26(f)
conference because it had a Motion to Dismiss pending. Plaintiff then filed the Motion to
Compel Rule 26(f) Conference, [Dkt. 14], but failed to comply with LCvR 37.1 by personally
meeting and conferring with Defendant prior to filing the Motion to Compel. The court has
now ruled on the motion to dismiss and Defendant has agreed to participate in the Fed. R.
Civ. P. 26(f) conference.
Defendant was under no obligation to participate in a Fed. R. Civ. P. 26(f)
conference based upon Plaintiff’s request. Fed. R. Civ. P. 26(f)(1). Plaintiff’s Motion to
Compel Rule 26(f) Conference, [Dkt. 14], is DENIED.
SO ORDERED this 11th day of May, 2016.