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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 10 JAMES DALE MOSELEY, Plaintiff, 11 13 ORDER v. 12 CASE NO. C16-5698 BHS-JRC WASHINGTON DEPARTMENT OF CORRECTIONS, 14 Defendant. 15 16 Before the Court are two motions to compel filed by plaintiff. Dkts. 44, 47. The Court 17 denies both motions because plaintiff did not include a certification that he conferred with 18 counsel for defendants before he filed his motion. 19 In his first motion, plaintiff asks the Court to compel defendants to produce medical 20 documents pertaining to hospital trips. Dkt. 44. In his second motion, plaintiff moves for the 21 Court to compel defendants to produce an IMS Committee meeting agenda from July 8, 2016. 22 Dkt. 47. Neither of plaintiff’s motions include a certificate that plaintiff has in good faith 23 conferred or attempted to confer with counsel for defendants. See Dkts. 44, 47. In response to 24 ORDER - 1 1 plaintiff’s motion, counsel for defendants submits a declaration, stating that plaintiff has not 2 made any efforts to contact defendants regarding his discovery requests and that the parties have 3 not met and conferred. Dkts. 48, 49 at ¶ 7 (Declaration of Marko Pavela, Counsel for 4 Defendants). 5 While a party may apply to the court for an order compelling discovery, Fed. R. Civ. P. 6 37 and LCR 37(a)(1) require the movant to first meet and confer with the party failing to make 7 disclosure or discovery in an effort to resolve the dispute without court action. In addition, when 8 filing a motion to compel, the movant must include a certification, in the motion or in a 9 declaration or affidavit, that the movant has in good faith conferred or attempted to confer with 10 party failing to make disclosure or discovery in an effort to resolve the dispute without court 11 action. The certification must list the date, manner, and participants to the conference. If the 12 movant fails to include such a certification, the Court may deny the motion without addressing 13 the merits of the dispute. See LCR 37(a)(1). 14 Plaintiff has failed to meet his requirements under the local court rule by not conferring 15 with defendants’ counsel by telephone or providing a certification of compliance with this rule. 16 Therefore, the Court denies plaintiff’s motions to compel (Dkts. 44, 47). 17 Dated this 4th day of May, 2017. A 18 19 J. Richard Creatura United States Magistrate Judge 20 21 22 23 24 ORDER - 2

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