Board of Trustees of the Cement Masons & Plasterers Health & Welfare Trust et al v. Plaster Northwest LLC et al

Filing 9

ORDER denying Plaintiff's 7 Motion to Compel Discovery, by Judge Ricardo S Martinez. (SWT)

Download PDF
1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 9 BOARD OF TRUSTEES OF THE CEMENT MASONS & PLASTERERS HEALTH & WELFARE TRUST, et al., 10 11 12 Plaintiffs, Case No. C16-1918 RSM ORDER DENYING PLAINTIFFS’ MOTION TO COMPEL DISCOVERY v. PLASTER NORTHWEST LLC, et al. 13 Defendants. 14 THIS MATTER comes before the Court on Plaintiffs’ Motion to Compel Discovery. 15 16 Dkt. #7. Plaintiff apparently served Plaster Northwest with a Request for Production on 17 January 12, 2017, via legal messenger. Dkt. #8 at ¶ 2, Ex. A. Plaster Northwest has not 18 responded to the Requests for Production, and therefore Plaintiffs seeks an Order compelling 19 responses. See id. at ¶ 4. 20 21 The Court DENIES this motion for several reasons. First, Defendants have not 22 appeared in this action, and therefore, there is no party yet to compel. Second, and more 23 importantly, Federal Rule of Civil Procedure 26(d)(1) precludes discovery before the parties 24 have conferred as required by Rule 26(f). It appears that Plaintiffs have prematurely served 25 discovery on Defendants, and they do not indicate otherwise. See Dkt. #8. Finally, this Court’s 26 27 Local Civil Rule 37(a)(1) requires that any motion for an Order compelling discovery must 28 include a certification that the movant has in good faith conferred or attempted to confer with ORDER PAGE - 1 1 the person failing to provide discovery in an effort to resolve the dispute without Court 2 intervention. While Plaintiffs have provided emails they sent to Plaster Northwest requesting 3 certain documents and threatening litigation if it failed to provide them, those emails are dated 4 months prior to filing the instant motion, and do not reflect any effort to conference regarding 5 the instant motion. For all of these reasons, the Court DENIES Plaintiffs’ motion to compel 6 7 8 (Dkt. #7). DATED this 13th day of April 2017. 9 10 A 11 RICARDO S. MARTINEZ UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER PAGE - 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?