Systems West Performance v. Farland
Filing
24
MEMORANDUM DECISION and Orderdenying 21 Motion for Protective Order; granting 23 Motion to Strike. See Order for details. Signed by Magistrate Judge Brooke C. Wells on 12/17/14. (jmr)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
Systems West Performance, LLC,
a Utah Limited Liability Company,
Plaintiff,
MEMORANDUM DECISION AND ORDER
GRANTING MOTION TO STRIKE AND
DENYING MOTION FOR PROTECTIVE
ORDER
v.
James Farland,
Case No. 2:14-cv-276 DN
Defendant.
District Judge David Nuffer
Magistrate Judge Brooke Wells
Defendant moves the Court for a protective order “preventing the Plaintiff from seeking
any information in discovery relating to the Defendant’s income, compensation, and/or
employment benefits.” 1 In opposition, Plaintiff moves to strike Defendant’s motion “on the
ground that Defendant failed to meet and confer, and failed to certify such a meeting, as required
by Rule 26(c).” 2 Defendant has not responded to Plaintiff’s motion and the time to do so has
passed. 3
Under rule 26(c), a party seeking a protective order must demonstrate "good cause" for
the protection sought and include a "certification that the movant has in good faith conferred or
attempted to confer with other affected parties in an effort to resolve the dispute without court
action.” 4 Here there is no certification that Defendant conferred with Plaintiff prior to filing the
motion. Because the motion fails to make the required certification the Motion to Strike
1
Mtn. for protective order, docket no. 21.
2
Mtn. to strike, docket no. 23.
3
DUCivR 7-1(3).
4
Fed. R. Civ. P. 26(c)(1).
Defendant’s Motion for Protective Order is GRANTED. If the parties cannot reach an
agreement regarding Defendant’s financial information, Defendant may renew the motion for
protective order, but the renewed motion must be accompanied by a certification that he has
attempted to resolve the issue with Plaintiff without court action.
IT IS SO ORDERED.
DATED this 17 December 2014.
Brooke C. Wells
United States Magistrate Judge
2
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