Chamberlain Group v. The Lear Corp., No. 05 C 3449, Slip Op. (N.D. Ill. Jul. 15, 2010) (St. Eve, J.).
Judge St. Eve denied plaintiff Chamberlain’s motion to compel further deposition of a witness in this patent case. The Court noted that the information sought from the deposition could be relevant. But the Court denied the motion for failure to comply with the meet and confer rule, Local Rule 37.2. And the Court explained that it would no longer consider motions based upon Fed. R. Civ. P. 26-37 without a Local Rule 37.2 statement:
(1) that after consultation in person or by telephone and good faith attempts to resolve differences they were unable to reach an accord, or (2) counsel’s attempts to engage in such consultation were unsuccessful due to no fault of counsel’s. Where the consultation occurred, this statement shall recite, in addition, the date, time and place of such conference, and the names of all parties participating therein. Where counsel was unsuccessful in engaging in such consultation, the statement shall recite the efforts made by counsel to engage in consultation.
Defendants’ only efforts to resolve the dispute occurred at the deposition where the issue arose. This did not meet the Local Rule 37.2 requirement.