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Allstate Insurance Company v. Viviane Etienne

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


August 19, 2011

ALLSTATE INSURANCE COMPANY, PLAINTIFF,
v.
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

SO ORDERED.

ROANNE L. MANN UNITED STATES MAGISTRATE JUDGE


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