Smith v. Argyle et al

Filing 201

MEMORANDUM DECISION denying 198 Motion to Compel. See Order for details. Signed by Magistrate Judge Dustin B. Pead on 6/10/13. (jmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION

GREGORY SMITH,
Plaintiff,

MEMORANDUM DECISION

v.

Case No. 2:10-cv-01268-CW-DBP

SCOTT SCHRYER, et al.,

District Judge Clark Waddoups

Defendants.

I.

Magistrate Judge Dustin B. Pead

INTRODUCTION

This matter was referred to the Court under 28 U.S.C. § 636(b)(1)(A). (Docket No. 198.)
Plaintiff is Gregory Smith. Defendants relevant here are all Defendants except Paul Mangelson,
Per Skoldin, and Kenilworth Point. The Court considers Plaintiff’s motion to compel. (Id.) For
the reasons below, the Court DENIES Plaintiff’s motion.
II.

PLAINTIFF’S MOTION TO COMPEL

In his opposition to Defendants’ motion to quash (Dkt. No. 188), Plaintiff includes a motion
to compel. (Dkt. No. 192 at 7.) “Should this Court grant” Defendants’ motion to quash,
Plaintiff moves the Court to compel Defendants to fully respond to previous interrogatories and
document production requests. (Id.) These previous discovery requests cover documents that
Plaintiff obtained through the nonparty subpoenas Defendants seek to quash. (Id. at 8.)
Initially, this Court notes that Plaintiff violated DUCivR 7-1(b)(1)(A), which prohibits
parties from including motions “in a response or reply memorandum.” Moreover, Defendants
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correctly note Plaintiff violated Fed. R. Civ. P. 37(a)(1) and DUCivR 37-1(a) because he failed
to meet and confer with Defendants prior to filing this motion to compel, and failed to include
any meet and confer certification with the motion. (Dkt. No. 195 at 3-4.) Defendants also point
out that Plaintiff’s motion to compel seeks fact discovery well after the May 1, 2013 fact
discovery deadline. (Id. at 4.)
III.

ORDERS

Due to the procedural defects in Plaintiff’s motion to compel discussed above, the Court
DENIES the motion. (Dkt. No. 198.)
Dated this 10th day of June, 2013.

By the Court:

Dustin B. Pead
United States Magistrate Judge

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