Belton v. Grounds et al
Filing
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ORDER denying 30 Request filed by Dwight Clayton Belton, 29 MOTION to Compel filed by Dwight Clayton Belton. Signed by Judge Charles R. Breyer on 8/10/2012. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 8/10/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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DWIGHT C. BELTON, P-04485,
Plaintiff(s),
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v.
R. GROUNDS, Warden, et al.,
Defendant(s).
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No. C 11-6360 CRB (PR)
ORDER
(Docket # 29 & 30)
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Plaintiff's motion (docket # 29) for an order compelling answers to certain
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interrogatories is DENIED. The court will not entertain discovery motions unless
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the parties first comply with the meet-and-confer requirements of the Federal
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Rules of Civil Procedure and the Court's Local Rules. See, e.g., Fed. R. Civ. P.
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37(a) (motion to compel must include a certification that the movant has in good
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faith conferred or attempted to confer with the party not making the disclosure in
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an effort to secure the disclosure without court action); Civ. L. R. 37-1 (same).
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In view of plaintiff's incarceration, the parties may satisfy the meet-and-confer
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requirements by letter or telephone conversation. Cf. Civil L. R. 1-5(n) ("meet
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and confer" or "confer" means to communicate directly and discuss in good faith
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the issue(s); mere sending of a written, electronic or voice-mail communication
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does not satisfy a requirement to "meet and confer" or to "confer;" requirement
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can be satisfied only through direct dialogue and discussion – either in a face to
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face meeting or in a telephone conversation).
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And for essentially the same reasons, plaintiff's accompanying request
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(docket # 30) for entry of default based on defendants' alleged failure to respond
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to his interrogatories is DENIED without prejudice.
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SO ORDERED.
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DATED: August 10, 2012
CHARLES R. BREYER
United States District Judge
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G:\PRO-SE\CRB\CR.11\Belton, D.11-6360.or3.wpd
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