Moseley v. Washington Department of Corrections et al

Filing 52

ORDER denying the 44 Motion to Compel and denying the 47 Motion to Compel. Signed by Magistrate Judge J Richard Creatura.**2 PAGE(S), PRINT ALL**(James Moseley, Prisoner ID: 322627)(CMG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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JAMES DALE MOSELEY,
Plaintiff,

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ORDER

v.

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CASE NO. C16-5698 BHS-JRC

WASHINGTON DEPARTMENT OF
CORRECTIONS,

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Defendant.
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Before the Court are two motions to compel filed by plaintiff. Dkts. 44, 47. The Court

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denies both motions because plaintiff did not include a certification that he conferred with

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counsel for defendants before he filed his motion.

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In his first motion, plaintiff asks the Court to compel defendants to produce medical

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documents pertaining to hospital trips. Dkt. 44. In his second motion, plaintiff moves for the

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Court to compel defendants to produce an IMS Committee meeting agenda from July 8, 2016.

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Dkt. 47. Neither of plaintiff’s motions include a certificate that plaintiff has in good faith

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conferred or attempted to confer with counsel for defendants. See Dkts. 44, 47. In response to

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ORDER - 1

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plaintiff’s motion, counsel for defendants submits a declaration, stating that plaintiff has not

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made any efforts to contact defendants regarding his discovery requests and that the parties have

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not met and conferred. Dkts. 48, 49 at ¶ 7 (Declaration of Marko Pavela, Counsel for

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Defendants).

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While a party may apply to the court for an order compelling discovery, Fed. R. Civ. P.

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37 and LCR 37(a)(1) require the movant to first meet and confer with the party failing to make

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disclosure or discovery in an effort to resolve the dispute without court action. In addition, when

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filing a motion to compel, the movant must include a certification, in the motion or in a

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declaration or affidavit, that the movant has in good faith conferred or attempted to confer with

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party failing to make disclosure or discovery in an effort to resolve the dispute without court

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action. The certification must list the date, manner, and participants to the conference. If the

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movant fails to include such a certification, the Court may deny the motion without addressing

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the merits of the dispute. See LCR 37(a)(1).

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Plaintiff has failed to meet his requirements under the local court rule by not conferring

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with defendants’ counsel by telephone or providing a certification of compliance with this rule.

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Therefore, the Court denies plaintiff’s motions to compel (Dkts. 44, 47).

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Dated this 4th day of May, 2017.

A

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J. Richard Creatura
United States Magistrate Judge

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ORDER - 2