UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
August 19, 2011
ALLSTATE INSURANCE COMPANY, PLAINTIFF,
VIVIANE ETIENNE, M.D., ET AL., DEFENDANTS.
The opinion of the court was delivered by: Roanne L. Mann, United States Magistrate Judge:
MEMORANDUM AND ORDER
In a Memorandum of Law and affirmation of counsel ("Def. Aff.") filed yesterday, see ECF Docket Entry ("DE") #245, in violation of Rule 37.3(c) of the Local Rules of the Southern and Eastern Districts of New York,*fn1 the Bernardi defendants seek a preclusion order or, in the alternative, a compulsion order, based upon plaintiff's failure to produce medical records on which plaintiff's expert relied. Nothing in the moving papers indicates that the Berardi defendants first conferred with plaintiff in a good faith effort to resolve this issue without judicial intervention -- as required by both the federal and local rules. See Fed. R. Civ. P. 37(a)(1); SDNY/EDNY Local Civ. R. 37.3(a). Consequently, the Berardi defendants' motion is denied without prejudice.*fn2
ROANNE L. MANN UNITED STATES MAGISTRATE JUDGE