United States District Court, M.D. Louisiana
RICHARD L. BOURGEOIS, JR. UNITED STATES MAGISTRATE JUDGE.
the Court is Defendants' Motion to Compel (R. Doc. 6).
The deadline for filing an opposition has expired. LR 7(f).
Accordingly, the Motion is unopposed.
about July 26, 2018, Plaintiff filed the instant action in
the 19th Judicial District Court, East Baton Rouge Parish,
Louisiana. (R. Doc. 1-3).
September 19, 2018, Defendants served Interrogatories,
Requests for Admission, and Requests for Production of
Documents on Plaintiff in accordance with the Louisiana Code
of Civil Procedure. (R. Doc. 6-3).
removed this action on October 30, 2018. (R. Doc. 1).
now seek an order requiring Plaintiff to respond to the
Interrogatories, Requests for Admission, and Requests for
Production of Documents served in state court. (R. Doc. 6).
Federal Rules of Civil Procedure “apply to a civil
action after it is removed from state court.”
Fed.R.Civ.P. 81(c)(1). In federal court, discovery generally
cannot commence until the “parties have conferred as
required by Rule 26(f).” Fed.R.Civ.P. 26(d)(1). Where
discovery issued in state court has not been ruled on in
state court prior to removal, Rule 26(f) and Rule 26(d)
preclude such discovery from having any effect in federal
court. See Int'l Transp. Workers Fed'n v. Mi-Das
Line SA, No. 13-454, 2013 WL 1403329, at *4 n. 3 (E.D.
La. Apr. 4, 2013); see also Riley v. Walgreen Co.,
233 F.R.D. 496, 499 (S.D. Tex. 2005) (“Nothing in the
language of [Rule 26(d)] permits a party to continue to seek
discovery which may have been properly served under state law
discovery at issue was served in state court prior to
removal. The Court disagrees with Defendant's contention
that the discovery at issue was issued in accordance with the
Federal Rules of Civil Procedure. Interrogatories and
requests for admission cannot be served under the Federal
Rules of Civil Procedure until after the parties have engaged
in a Rule 26(f) conference. See Rule 26(d). In
addition, Rule 33(a)(1) limits the number of interrogatories
to 25. Defendants served 30 interrogatories on Plaintiff.
Defendants have raised no argument in support of a finding
that the requests for production served under state
procedural laws qualify as “Early Rule 34
Requests” pursuant to Rule 26(d)(2). Indeed, Rule
34(b)(2)(A) contemplates the time to respond to requests
“delivered under Rule 26(d)(2).” Requests for
Production cannot be “delivered under” the
Federal Rules of Civil Procedure when the matter is not even
in federal court. Accordingly, the Court will not order
Plaintiff to respond to these discovery requests.
the Court's denial of the relief requested, the
assertions in the motion regarding Plaintiff and
Plaintiff's counsel are alarming. It is also telling that
Plaintiff has offered no response or justification for an
apparent failure to otherwise participate in discovery or
move this matter forward. To ensure that the parties
appropriately give this matter their attention, the Court
will require the attorneys to meet and confer regarding the
status of discovery and an anticipated course of action
within the deadlines set by the Court.
on the foregoing, IT IS ORDERED that
Defendants' Motion to Compel (R. Doc. 6) is
DENIED. The parties shall bear their own
IS FURTHER ORDERED that lead counsel for Plaintiff,
John B. Lambremont, Sr., and lead counsel for Defendant,
Brett M. Bollinger, shall personally confer on or
before May 24, 2019, regarding the status of
discovery. They shall specifically address the discovery
requests that were at issue in the instant motion, and if
those requests are re-issued in accordance with the Federal
Rules of Civil Procedure, whether shorter response times are
appropriate. Counsel shall also discuss any additional
discovery needed and the timeframe within which to accomplish
IS FURTHER ORDERED that on or before May 28,
2019, Counsel for Plaintiff, John B. Lambremont,
Sr., shall file a Notice of Compliance, confirming that the
discovery conference above took place as ordered. The Notice
of Compliance shall specifically set forth (1) everyone that
participated in the conference, (2) how it was conducted
(phone or in-person), (3) when it occurred, (4) ...