Opinion
Civil No. 05-74311.
May 5, 2006
OPINION AND ORDER DENYING PLAINTIFF'S MOTION TO COMPEL
Plaintiff brings a motion to compel discovery, which "must include a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make the discovery in an effort to secure the information or material without court action." Fed.R.Civ.P. 37(a)(2)(B). Plaintiff's motion contains no such certification, and Defendant alleges that Plaintiff failed to confer before bringing this motion in violation of Rule 37. (Defs.' Resp. ¶ 1-2; see Pl.'s Mot.) Additionally, Local Rule 7.1(a)(2) requires a movant to confer with the opposing side and seek concurrence before any motion is brought before this Court, so Plaintiff's motion is also in violation of that provision.
Sneed Nursery Products, Inc. v. National Nursery Products, Inc., 2006 U.S. Dist. LEXIS 11139 at 5, No. 04-72240, 2006 WL 618406 at 2 (E.D. Mich. Jan. 11, 2006); Awada v. Roval Jordanian Airlines, No. 05-73477, 2005 U.S. Dist. LEXIS 22165, 2005 WL 2429915 (E.D. Mich. Sept. 23, 2005) ("Local Rule 7.1 (a) requires any movant before this Court to seek to ascertain whether the contemplated motion will be opposed, and if concurrence is not obtained, the motion must state that fact.")
At the hearing regarding the motion to dismiss, both attorneys in this matter showed professionalism and courtesy toward each other and this Court. I am confident that if they make the effort, they will be able to resolve many, if not all, of the matters raised in the filings without my assistance. Therefore, I DENY the motion.
IT IS SO ORDERED.