R.K. v. Corporation of the President of the Church of Jesus Christ of Latter-Day Saints, et al

Filing 58

R.K. v. Corporation of the President of the Church of Jesus Christ of Latter-Day Saints, et al

Doc. 58

Case 2:04-cv-02338-RSM

Document 58

Filed 11/10/2005

Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 This matter comes before the Court on plaintiffs' Motion to Compel. (Dkt. #50). Plaintiffs essentially argue that defendants' witnesses have been refusing to answer questions during deposition based on clergy-penitent privilege, which does not apply to their testimony. Defendants have opposed the motion for several reasons, including the improper filing of an overlength brief, and a failure to meet and confer as required by the Federal Rules of Civil Procedure. (Dkt. #55). Having reviewed the motion, defendants' response, plaintiffs' reply, and the remainder of the record, the Court hereby finds and ORDERS: (1) Plaintiffs' Motion to Compel (Dkt. #50) is STRICKEN from the record as improper. This Court's Local Rules allow 12 pages for a motion of this type. Local Rule CR 7(e)(4). ORDER GRANTING MOTION TO AMEND PAGE - 1
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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE KENNETH FLEMING, et al., Plaintiffs, v. THE CORPORATION OF THE PRESIDENT OF THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS, et al., Defendants. CASE NO. C04-2338RSM ORDER STRIKING PLAINTIFFS' MOTION TO COMPEL

Case 2:04-cv-02338-RSM

Document 58

Filed 11/10/2005

Page 2 of 2

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Plaintiffs' motion is 18 pages in length, and plaintiffs did not request permission to file such overlength brief. Furthermore, plaintiffs have failed to demonstrate to the Court that they actually made a good faith effort to resolve this discovery dispute prior to filing their motion to compel. Defendants assert that many of the issues raised in the motion could have been resolved if they had been specifically discussed prior to filing the motion, and noting that issues concerning the depositions of Bishops Johansen and Coleman were never brought to their attention. (2) Nothing in this Order prevents plaintiffs from refiling a motion to compel of the correct length, and supported by an adequate certification that a good faith effort to meet and confer with opposing counsel occurred prior to refiling. (3) The Clerk shall forward a copy of this Order to all counsel of record.

DATED this 10th day of November, 2005.

A

RICARDO S. MARTINEZ UNITED STATES DISTRICT JUDGE

ORDER GRANTING MOTION TO AMEND PAGE - 2