1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 * * *

4 JOHN MEGGS, Case No. 2:21-cv-01413-RFB-EJY

5 Plaintiff, ORDER 6 v.

7 VEGAS DEVELOPMENT LLC, a Delaware limited liability company, 8 Defendant. 9 10 Pending before the Court is Plaintiff’s Motion to Compel Proper Responses Regarding 11 Defendant’s Initial Disclosures and Discovery Responses. ECF No. 19. The Court reviewed the 12 Motion, the Response (ECF No. 20) and Reply (ECF No. 21). While the Court set this for hearing, 13 upon review the Court finds this matter is properly decided without a hearing at this time. 14 The requirements found in Fed. R. Civ. P. 37(1)(a) and Local Rule (“LR”) 26-6(c) mandate 15 that a party filing a motion to compel (or other discovery related motion) must meet and confer with 16 the opposing party in a good faith effort to resolve the discovery dispute before filing its motion. 17 Westwood v. JP Morgan Chase Bank, N.A., Case No. 16-cv-2409-RFB-GWF,

, 18 at *1 (D. Nev. Aug. 9, 2017), citing Shuffle Master v. Progressive Games,

(D.

); Walker v. North Las Vegas Police Depart., Case No. 2:14-cv-01475-JAD-NJK, 2016

, *2 (D. Nev. Feb. 3, 2016); LR 26-6(c); LR IA 1-3. One requirement of the Local Rules 21 mandates the moving party include a certification setting forth his/her/its meet and confer efforts 22 and the results of those efforts with the filed motion. LR 26-6(c) incorporating LR IA1-3(f)(2). As 23 this district has held many times, the Court should not consider a motion to compel unless the moving 24 party provides a “declaration stating all meet-and-confer efforts, including the time, place, manner, 25 and participants[; and] that, despite a sincere effort to resolve or narrow the dispute during the meet- 26 and-confer conference, the parties were unable to resolve or narrow the dispute without court 27 intervention.” LR IA 1-3(f)(2); see also Shufflemaster,

. ] Plaintiff has not provided such a declaration and the evidence submitted regarding what me 2 || and confer did occur does not evidence a good faith effort to resolve or narrow the dispute. 3 Accordingly, IT IS HEREBY ORDERED that Plaintiff's Motion to Compel Prop 4 || Responses Regarding Defendant’s Initial Disclosures and Discovery Responses (ECF No. 19) 5 || DENIED without prejudice. 6 IT IS FURTHER ORDERED that Plaintiff must cooperate with Defendant to set a meet at 7 || confer conference by telephone or video conference in an effort to resolve or narrow each isst 8 || related to the discovery concerns raised in Plaintiff's Motion. The Court expects both parties 9 || discuss all issues raised by Plaintiff and make sincere efforts to resolve those issues as the obligatiot 10 || to meet and confer are mutual. 11 IT IS FURTHER ORDERED that the hearing set for March 16, 2022 at 3 p.m. D.S.T. 12 || VACATED. 13 14 Dated this 14th day of March, 2022. 15 16 : ELAYNA’Y. YOU: H 17 BAN As on JUDGE 18 19 20 21 22 23 24 25 26 27 28