Ouandji v. Hedglen et al

Filing 23

ORDER striking 21 Plaintiff's Motion to Compel Discovery Responses. Signed by Honorable Robin J. Cauthron on 11/17/17. (lg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
STEVEN ADRIEN OUANDJI,
Plaintiff,
v.
VINCENT HEDGLEN and the
UNITED STATES OF AMERICA,
ex rel. UNITED STATES POSTAL
SERVICE,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)

Case No. CIV-16-1303-C

MEMORANDUM OPINION AND ORDER
Now before the Court is Plaintiff’s Motion to Compel Discovery Responses. (Dkt.
No. 21.) Defendant United States has responded at the Motion is now at issue.
Defendant states the parties failed to meet and confer prior to Plaintiff filing this
motion to compel, in violation of Fed. R. Civ. P. 73(a)(1) and LCvR37.1 which states:
[w]ith respect to all motions or objections relating to discovery . . ., this court
shall refuse to hear any such motion or objection unless counsel for movant
first advises the court in writing that counsel personally have met and
conferred in good faith and, after a sincere attempt to resolve differences,
have been unable to reach an accord.
LCvR37.1. Plaintiff mischaracterizes emails regarding scheduling as a “good faith attempt
to meet and confer.” (Pl.’s Mot. to Compel, Dkt. No. 21, p. 3.) The local rule does not
allow for mere good faith attempts. The Court finds this unacceptable, especially when the
parties met and conferred regarding Defendant’s discovery concerns only three business
days after Plaintiff filed the present Motion.

Even if the issues were to be considered on their merits, Plaintiff offers no
substantive arguments and Defendant shows at least two responses to interrogatories
Plaintiff seeks to compel have been produced and are now moot. The Court cannot rule on
the Motion as it stands. Accordingly, Plaintiff’s Motion is stricken from the docket. If
discovery issues remain, the parties shall meet and confer in person prior to filing a motion
with the Court.
CONCLUSION
For the reasons stated, Plaintiff’s Motion to Compel Discovery Responses (Dkt. No.
21) is STRICKEN.
IT IS SO ORDERED this 17th day of November, 2017.

2