Makhsous v. Wisconsin Department of Health Services et al

Filing 71

ORDER denying 70 Motion to Compel. (cc: all counsel and via US Mail to Makhsous) (Griesbach, William)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN XUEJUN MAKHSOUS, Plaintiff, v. Case No. 18-C-587 PAM DAYE, Defendant. ORDER DENYING PLAINTIFF’S MOTION TO COMPEL Plaintiff Xuejun Makhsous, who is currently representing herself, filed this action alleging Defendant Pam Daye, Supervisor of the Adult Disability Resource Center of Marinette County, violated her Fourteenth Amendment rights. Presently before the court is Plaintiff’s motion to compel discovery. Plaintiff’s motion, however, fails to comply with the local rule governing motions to compel. The local rule provides: All motions to compel disclosure or discovery pursuant to Fed. R. Civ. P. 25 through 37 must be accompanied by a written certification by the movant that, after the movant in good faith has conferred or attempted to confer with the person or party failing to make disclosure or discovery in an effort to obtain it without court action, the parties are unable to reach an accord. The statement must recite the date and time of the conference or conferences and the names of all parties participating in the conference or conferences. Civil L.R. 37 (E.D. Wis.); see also Fed. R. Civ. P. 37(a)(1). Plaintiff’s motion fails to indicate whether she attempted to confer with Defendant in an effort to resolve any discovery dispute before seeking relief from the court. For this reason, Plaintiff’s motion to compel (Dkt. No. 7) is DENIED. The denial is without prejudice, however. Plaintiff may renew her motion upon complying with the local rule. SO ORDERED this 15th day of May, 2019. s/ William C. Griesbach William C. Griesbach, Chief Judge United States District Court 2

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