Dunn v. HealthCare Innovations of Western Oklahoma LLC

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
TABATHA DUNN, )
)
Plaintiff, )
)
v. ) Case No. CIV-25-1025-SLP
)
HEALTHCARE INNOVATIONS )
OF WESTERN OKLAHOMA, LLC, )
)
Defendant. )
O R D E R
Before the Court is Plaintiff’s Motion to Compel Discovery Responses [Doc. No.
12]. Plaintiff represents that the parties agreed to two separate extensions of time for
Defendant Healthcare Innovations of Western Oklahoma, LLC to respond to Plaintiff’s
written discovery requests. See Mot. at 2. Defendant did not produce any discovery
responses to Plaintiff’s written discovery requests by the parties’ agreed deadline of
January 23, 2026. Id. Plaintiff also represents that counsel for Plaintiff sent an email
message to counsel for Defendant on February 2, 2026, regarding availability for a
discovery conference pursuant to LCvR 37.1, to which counsel for Defendant did not
respond prior to the filing of the Motion. Id. at 3.
Upon consideration, the Court finds that the parties have not meaningfully complied
with the good faith conferral requirement of LCvR 37.1 and that the dispute appears
capable of resolution through reasonable, cooperative efforts without judicial intervention.
Accordingly, the Court must “refuse to hear” the pending motion at this time. See LCvR
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37.1.1 Both parties are strongly reminded that LCvR 37.1 requires not merely perfunctory
contact, but a “sincere attempt to resolve differences” in good faith. Id. Notwithstanding
denial of the Motion, the Court is deeply troubled by Plaintiff’s representation that
Defendant has failed to respond to any of Plaintiff’s written discovery at this juncture.
IT IS THEREFORE ORDERED that Plaintiff’s Motion to Compel Discovery
Responses [Doc. No. 12] is DENIED for failure to meaningfully comply with LCvR 37.1.
The parties are directed to discuss and sincerely endeavor to resolve this dispute. If, after
a sincere and good faith conference, the parties are unable to resolve the dispute, Plaintiff
may file appropriate motions to compel limited to the matters that remain genuinely
contested.
IT IS SO ORDERED this 4th day of February, 2026.
1 See also Harvest Grp. LLC v. Love's Travel Stops & Country Stores, Inc., No. CIV-20-00435-
JD, 2024 WL 4880747 (W.D. Okla. Nov. 25, 2024) (denying motion to compel for failure to
comply with LCvR 37.1); Smith v. C.R. Bard, Inc., No. CIV-19-00849-PRW, 2020 WL 13648610
(W.D. Okla. Nov. 4, 2020); Jobson v. United States ex rel. Dep't of Veteran Affs., No. CIV-17-
574-SLP, 2018 WL 8299886, at *6 (W.D. Okla. Aug. 27, 2018) (refusing to hear portion of motion
that were not discussed in the meet and confer); Taylor v. Boise Cascade Express, a Div. of Boise
Cascade Off. Prods., No. CIV-04-0266-L, 2004 WL 7332758 (W.D. Okla. Dec. 14, 2004).
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