Cochran v. Walmart, Inc.

District Court, D. Nevada·Decided March 18, 2024·No. 2:23-cv-00868·Unknown

Opinion

1 2 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

ELIZABETH COCHRAN, Case No. 2:23-cv-00868-JAD-NJK 6 Plaintiff(s), y. Order [Docket No. 22] 8 WALMART INC., 9 Defendant(s). 10 Pending before the Court is a motion to compel discovery. Docket No. 22. 11 “Discovery is supposed to proceed with minimal involvement of the Court.” FL.D.C. v. 12|| Butcher, 116 F.R.D. 196, 203 (E.D. Tenn. 1986). Counsel must strive to be cooperative, practical, 13] and sensible, and should seek judicial intervention “only in extraordinary situations that implicate 14] truly significant interests.” Jn re Convergent Techs. Securities Litig., 108 F.R.D. 328, 331 (N.D. 15] Cal. 1985). To that end, discovery motions may be filed only after a robust conferral process, 16] which requires personal consultation in the form of in-person, telephonic, or video discussions. See Cardoza v. Bloomin’ Brands, Inc., 141 F. Supp. 3d 1137, 1145 (D. Nev. 2015); see also Local 18] Rule IA 1-3(f). The fact that a party seeks emergency relief does not obviate the requirement to 19] confer. “To the contrary, a good faith and thorough attempt to resolve the dispute without Court 20] intervention is even more critical when time is of the essence.” Cardoza, 141 F. Supp. 3d at 1142. 21 A conference did not take place here. Docket No. 22 at 5. 22 Accordingly, the motion to compel is DENIED without prejudice. Defense counsel must 23] promptly make themselves available for an in-person, telephonic, or video conferral. Any renewed 24|| motion to compel must be filed by March 27, 2024. 25 IT IS SO ORDERED. 26 Dated: March 18, 2024

28 Unite Stage bp istrate Judge

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Related

Cardoza v. Bloomin' Brands, Inc.
141 F. Supp. 3d 1137 (D. Nevada, 2015)
In Re Convergent Technologies Securities Litigation
108 F.R.D. 328 (N.D. California, 1985)
Federal Deposit Insurance v. Butcher
116 F.R.D. 196 (E.D. Tennessee, 1986)