Local Rule 7.1(a) requires that, “[b]efore filing a motion [with limited exceptions], an attorney for the moving party must confer with an attorney for each party affected by the requested relief to determine whether the motion is opposed.” In Marshall d/b/a Mr. Crappie v. Fulton, Judge Lindsay dealt with a motion to extend discovery and counterclaims, as well as Mr. Crappie’s request for sanctions against Fulton. Judge Lindsay stated, with respect to the Local Rules’ meet and confer requirement:
[T]he court considers Marshall’s request for sanctions against Fulton. The evidence presented by Plaintiff establishes that Defendant did not fully confer with him before filing this motion as required by Local Rule 7.1(a), because he did not raise all the requested relief in that conference. The court will not sanction Fulton; however, he is admonished to comply with the Local Rules and the Federal Rules of Civil Procedure. Failure to comply with these rules in the future will lead to sanctions.
This decision servies as a useful reminder that, when conducting a meet and confer pursuant to the Local Rules, make sure to raise all of the issues that you plan to cover in your motion. Failure to do so could result in sanctions.
Note that while we were initially confused as to what exactly “Mr. Crappie” was, we have determined that it is a business that sells fishing rods. Check out its website here, including the Crappie Mobile.
The case involves the use of the “Mr. Crappie” trademark. Mr. Crappie is represented by Darin Klemchuk, Katherine Bandy, and Kelly Kubasta, all of Klemchuk Kubasta LLP. Fulton is represented by Stephen Kennedy, of Kennedy Clark & Williams PC, and Zachary Groover of Munck Carter LLP.