Jenks v. New Hampshire Motor Speedway, Inc.

Full title: Melissa Jenks, Individually and as g/n/f of Roderick Jenks v. New…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE

Date published: Jan 18, 2012

Civil No. 09-cv-205-JD (D.N.H. Jan. 18, 2012)

Opinion

Civil No. 09-cv-205-JD

01-18-2012

Melissa Jenks, Individually and as g/n/f of Roderick Jenks v. New Hampshire Motor Speedway, Inc., Breann M. Thompson, and Textron, Inc. v. Textron Financial Corp. and A.B.L., Inc.

Joseph A. DiClerico

ORDER

Melissa Jenks, as the guardian and next friend of her husband, Roderick Jenks, and on her own behalf, sued New Hampshire Motor Speedway, Breann Thompson, and Textron, Inc., alleging negligence claims against Thompson and the Speedway and product liability claims against Textron. Jenks moves to compel Textron to provide documents that were requested on April 1, 2011, and to respond to interrogatories propounded on September 2, 2011. Textron did not file a response to the motion within the time allowed.

Under the local rules of this district, "[a]ny party filing a motion other than a dispositive motion shall certify to the court that a good faith attempt has been made to obtain concurrence in the relief sought." LR 7.1(c). Jenks's motion to compel is not a dispositive motion and does not include a certification that she made a good faith attempt to obtain Textron's concurrence in the relief she is seeking. Because discovery disputes, if possible, should be resolved by counsel before resorting to the court, counsel are expected to confer before a motion is filed. Even when the parties have repeatedly disagreed about a matter, the certification required by LR 7.1(c) requires a last attempt to reach agreement before a motion is filed.

Conclusion

For the foregoing reasons, the plaintiff's motion to compel (document no. 135) is denied without prejudice to refile a motion to compel if that is necessary after counsel confer about the issues raised in this motion. If counsel are unable to resolve this dispute, any motion to compel must include a certification as required by LR 7.1(c).

SO ORDERED.

________________________

Joseph A. DiClerico, Jr.

United States District Judge
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