Global Recycling v. Montclair Technology et al

Filing 37

MEMORANDUM DECISION AND ORDER Denying 30 Short Form Discovery Motion. Based upon Defendants' representation that discovery has been supplemented and the attachments Defendants provide in their response to the motion, the court DENIES the short form discovery motion. Signed by Magistrate Judge Brooke C. Wells on 9/15/17. (dla)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
GLOBAL RECYCLING, SA,
Plaintiff,

MEMORANDUM DECISION AND ORDER
DENYING SHORT FORM DISCOVERY
MOTION

v.
Case No. 2:16-cv-1038 JNP
MONTCLAIR TECHNOLOGY, LLC et al.,
District Judge Jill Parrish
Defendants.
Magistrate Judge Brooke Wells
Plaintiff Global Recycling, SA seeks to compel Defendants to supplement their discovery
responses. 1 In response “Defendants have agreed and are not resisting supplementing its
discovery responses ….” 2 Defendants have in good faith submitted and supplied the additional
requested information. Having reviewed the parties’ submissions the court commends
Defendants for their cooperation.
“Cooperation among counsel is not only helpful, but required, and the court has the duty
to ensure that such cooperation is forthcoming.” 3 “The cooperation process should involve
information sharing and dialogue in an attempt to resolve discovery disputes without the
necessity of the Court ruling on each issue in dispute.” 4 In the ideal world discovery should
require at most infrequent court involvement because discovery is designed to be extrajudicial
and self-executing. 5

1

Docket no. 30.

2

Op. p. 2, docket no. 33.

3

State of Ohio v. Crofters, Inc., 75 F.R.D. 12, 21 (D. Colo. 1977), aff'd sub nom. State of Ohio v. Arthur Andersen &
Co., 570 F.2d 1370, (10th Cir. 1978).

4

High Point SARL v. Sprint Nextel Corp., 2012 WL 234024 at *5 (D. Kan. Jan. 25, 2012).

5

See Fed. R. Civ. P. 26; Selecticia, Inc. v. Novatus, Inc. 2014 WL 1930426 at *2 (M.D. Florida May 14, 2014).

Based upon Defendants representation that discovery has been supplemented and the
attachments Defendants provide in their response to the motion, the court DENIES the short
form discovery motion.
IT IS SO ORDERED.

DATED this 15 September 2017.

Brooke C. Wells
United States Magistrate Judge

2