Board of Trustees of the Cement Masons & Plasterers Health & Welfare Trust et al v. Plaster Northwest LLC et al
ORDER denying Plaintiff's 7 Motion to Compel Discovery, by Judge Ricardo S Martinez. (SWT)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
BOARD OF TRUSTEES OF THE
CEMENT MASONS & PLASTERERS
HEALTH & WELFARE TRUST, et al.,
Case No. C16-1918 RSM
ORDER DENYING PLAINTIFFS’
MOTION TO COMPEL DISCOVERY
PLASTER NORTHWEST LLC, et al.
THIS MATTER comes before the Court on Plaintiffs’ Motion to Compel Discovery.
Dkt. #7. Plaintiff apparently served Plaster Northwest with a Request for Production on
January 12, 2017, via legal messenger. Dkt. #8 at ¶ 2, Ex. A. Plaster Northwest has not
responded to the Requests for Production, and therefore Plaintiffs seeks an Order compelling
responses. See id. at ¶ 4.
The Court DENIES this motion for several reasons.
First, Defendants have not
appeared in this action, and therefore, there is no party yet to compel. Second, and more
importantly, Federal Rule of Civil Procedure 26(d)(1) precludes discovery before the parties
have conferred as required by Rule 26(f). It appears that Plaintiffs have prematurely served
discovery on Defendants, and they do not indicate otherwise. See Dkt. #8. Finally, this Court’s
Local Civil Rule 37(a)(1) requires that any motion for an Order compelling discovery must
include a certification that the movant has in good faith conferred or attempted to confer with
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the person failing to provide discovery in an effort to resolve the dispute without Court
intervention. While Plaintiffs have provided emails they sent to Plaster Northwest requesting
certain documents and threatening litigation if it failed to provide them, those emails are dated
months prior to filing the instant motion, and do not reflect any effort to conference regarding
the instant motion. For all of these reasons, the Court DENIES Plaintiffs’ motion to compel
DATED this 13th day of April 2017.
RICARDO S. MARTINEZ
UNITED STATES DISTRICT JUDGE
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