Scobee v. USAA Cas. Ins. Co.
Scobee v. USAA Cas. Ins. Co.
2023 WL 2837782 (E.D. Mo. 2023)
April 7, 2023
Ross, John A., United States District Judge
Summary
The Court denied the motion to compel responses to Plaintiffs' Second Requests for Production without prejudice due to Plaintiffs' counsel failing to comply with the Court's local rules requiring counsel to confer in person or by telephone in order to satisfy the requirement for a good faith attempt to resolve the dispute.
Additional Decisions
Michael SCOBEE and Linda Scobee, Plaintiffs,
v.
USAA CASUALTY INSURANCE COMPANY, Defendant
v.
USAA CASUALTY INSURANCE COMPANY, Defendant
No. 4:22-CV-488 JAR
United States District Court, E.D. Missouri, Eastern Division
Signed April 07, 2023
Counsel
Edward S. Cook, Pro Hac Vice, Cook PC, Suwanee, GA, Lindsey Rodgers, Pro Hac Vice, Cook Leverett LLP, Suwanee, GA, Robert J. Evola, Randall S. Crompton, Holland Law Firm LLC, St. Louis, MO, Bartley K. Hagerman, M. Austin Mehr, Mehr Fairbanks & Peterson Trial Lawyers, PLLC, Lexington, KY, for Plaintiffs.Alexander J. Kuebbing, Robert L. Steinmetz, Gwin Steinmetz & Baird PLLC, Louisville, KY, John A. Little, Jr., Pro Hac Vice, Michael D. Mulvaney, Maynard and Cooper PC, Birmingham, AL, for Defendant.
Ross, John A., United States District Judge
MEMORANDUM AND ORDER
*1 Plaintiffs filed their Motion to Compel Responses to Plaintiffs’ Second Requests for Production and Supporting Memorandum (ECF No. 69).[1] Therein, Plaintiffs’ counsel states she sent a letter, dated March 7, 2023, to defense counsel in a good faith effort to resolve this discovery dispute. (ECF Nos. 69 at 2; 69-2). Plaintiffs’ counsel argues that Defendant has not properly responded to their discovery requests.
Under this Court's local rules, “[t]he Court will not consider any motion relating to discovery and disclosure unless it contains a statement that movant's counsel has conferred in person or by telephone with the opposing counsel in good faith ...” E.D.Mo. L.R. 3.04 (emphasis added). Written correspondence is insufficient to satisfy this requirement for a good faith attempt to resolve the discovery dispute. See Gregg v. B&G Transportations, LLC, No. 4:20-CV-766 RLW, 2021 WL 6932965, at *1 (E.D. Mo. Nov. 30, 2021) (“Defendants’ motion contains no statement that their counsel has conferred with opposing counsel in person or by telephone regarding the discovery dispute at issue, much less provide the details required by Local Rule 3.04(A). As a result of Defendants’ failure to comply with Local Rule 3.04(A), the Court will not consider the instant motion and will deny the same without prejudice.”); Cotton v. AT&T Operations, Inc., No. 406-CV-438 CAS, 2006 WL 4556031, at *1 (E.D. Mo. Sept. 6, 2006) (“As a result of plaintiff's failure to comply with Local Rule 3.04(A), the Court will not consider the instant motion and will deny the same without prejudice.”). Therefore, the Court denies Plaintiffs’ Motion to Compel Responses to Plaintiffs’ Second Requests for Production and Supporting Memorandum (ECF No. 69) without prejudice.
Accordingly,
IT IS HEREBY ORDERED that Plaintiffs’ Motion to Compel Responses to Plaintiffs’ Second Requests for Production and Supporting Memorandum (ECF No. 69) is DENIED without prejudice.
Footnotes
In the future, moving parties “must file with each motion a memorandum in support of the motion, including any relevant argument and citations to any authorities on which the party relies.” E.D.Mo. L.R. 4.01(A).