USA v. Long

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
SOUTHERN DIVISION
UNITED STATES OF AMERICA, 	)
)
Plaintiff, 	)
)
v. 	) 	No. 23-03063-01-CR-S-BCW
)
KEVIN LONG, 	)
)
Defendant. 	)
ORDER
Before the Court is Defendant’s Motion to Compel Production of Exculpatory and
Impeachment Evidence. (Doc. 208.) Defendant moves for an order compelling the Government
to disclose the name and contact information for any and all individuals with whom the
Government consulted about defense expert reports and/or to whom the Government forwarded
the defense expert reports, copies of anything the Government received in writing from those
individuals, and any report, notes, or recording of any interview or call with those individuals.
Id. at 12. 	This action has been referred to the undersigned to determine all pretrial motions in
accordance with 28 U.S.C. § 636(b)(1)(A).
Local Rule 37.1, which is made applicable to criminal proceedings by Local Rule 99.0,
requires attorneys to attempt to resolve any discovery disputes on their own before requesting
court intervention. 	Specifically, counsel must first confer or attempt to confer in good faith by
telephone or in person with opposing counsel about the matter. Sending an email is insufficient.
After conferring, if issues remain unresolved, counsel must then arrange for a telephone
conference with the court before filing any motion.
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Here, the undersigned finds no showing of compliance with Local Rule 37.1 prior to the
filing of the motion. 	Accordingly, the Motion to Compel Production of Exculpatory and
Impeachment Evidence is DENIED without prejudice.
IT IS SO ORDERED.
/s/ David P. Rush
DAVID P. RUSH
UNITED STATES MAGISTRATE JUDGE
DATE: January 27, 2026
Case 6:23-cr-03063-BCW Document 211 Filed 01/27/26 Page 2 of 2