Gaines v. Dart Transit Company et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
TRAZIL GAINES, 	)
)
Plaintiff, 	)
)
v. 	) 	Case No. 1:24-cv-00125-SNLJ
)
DART TRANSIT COMPANY, et al., 	)
)
Defendants. 	)
MEMORANDUM AND ORDER
This matter is before the Court on defendant Paschall Truck Lines and Onesimo
Carreon’s motion to quash plaintiff’s subpoena to Lytx. [Doc. 72]. The motion requests
that the Court limit and modify the subpoena that plaintiff issued to Lytx (a non-party).
[Id.].
Local Rule 3.04 provides:
The Court will not consider any motion relating to discovery and disclosure unless
it contains a statement that movant’s counsel has conferred in person or by
telephone with the opposing counsel in good faith or has made reasonable efforts
to do so, but that after sincere efforts to resolve their dispute, counsel are unable to
reach an accord. This statement also shall recite the date, time and manner of such
conference, and the names of the individuals participating therein, or shall state
with specificity the efforts made to confer with opposing counsel.
See E.D. Mo. L.R. 3.04. Here, defendants’ motion does not reference any
communication defendants’ counsel initiated with plaintiff’s counsel regarding the issues
now raised in the motion. Nor does the motion reference any good faith or reasonable
effort to do so as required by Local Rule 3.04. As a result, the motion must be summarily
denied.
Case: 1:24-cv-00125-SNLJ Doc. #: 74 Filed: 01/26/26 Page: 1 of 2 PageID #:
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Accordingly,
IT IS HEREBY ORDERED that defendants Paschall Truck Lines and Onesimo
Carreon’s Motion to Limit and Quash Plaintiff’s Subpoena to Lytx [Doc. 72] is
DENIED.
SO ORDERED on this 26th day of January, 2026.
______________________________________
STEPHEN N. LIMBAUGH, JR.
SENIOR UNITED STATES DISTRICT JUDGE
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