Parmer v. Washington Department of Corrections et al

Filing 38

ORDER denying 32 Motion for Discovery signed by Magistrate Judge Karen L Strombom.(MET) cc: Plaintiff

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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ANTWOINE DE’SEAN PARMER,

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Plaintiff,

No. C11-5390 RBL/KLS

v.
WASHINGTON DEPARTMENT OF
CORRECTIONS, JOHN and JANE DOE,
DR. NAVARRO, and DR. CUAYCONG,

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ORDER DENYING MOTION TO
COMPEL

Defendants.

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Before the Court is Plaintiff’s Motion to Compel. ECF No. 32. The Court finds that the
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motion should be denied because Plaintiff did not include a certification in his motion that he
conferred with counsel for Defendants before he filed his motion.
While a party may apply to the court for an order compelling discovery “upon reasonable

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notice to other parties and all persons affected thereby,” the motion must also include a

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certification that the movant has in good faith conferred or attempted to confer with the person or

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party failing to make the discovery in an effort to secure the information or material without

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court intervention.” Fed. R. Civ. P. 37(a)(2)(B). In addition, “[a] good faith effort to confer with

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a party or person not making a disclosure or discovery requires a face-to-face meeting or a

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telephonic conference.” Local Rule CR 37(a)(2)(A).

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The Court anticipates that the parties will confer and make a good faith effort to resolve
this discovery dispute without Court interference. If the parties cannot amicably resolve this
ORDER - 1

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issue, Plaintiff may file a motion to compel, and shall include a certification stating that their

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efforts were unsuccessful, and shall identify those areas of disagreement that remain unresolved.

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The Court will not address any motion which lacks such a certification.

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Accordingly, it is ORDERED:

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(1)

Plaintiff’s motion to compel (ECF No. 32) is DENIED.

(2)

The Clerk of the Court shall send a copy of this Order to Plaintiff and to counsel

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for Defendants.

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DATED this 7th day of June, 2012.
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A

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Karen L. Strombom
United States Magistrate Judge

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ORDER - 2