Pickar v. Indiana Federal Community Defenders, Inc.

Background

Joshua Pickar filed a letter-motion under Federal Rule of Civil Procedure 37(a), which allows a party to ask the court to compel discovery. He sought an order requiring the defendants to produce non-privileged documents responsive to specified requests for production within 14 days. He also requested reasonable attorneys’ fees and costs for bringing the motion.

Pickar argued that the defendants had refused to produce responsive documents based on general objections such as overbreadth, burden, vagueness, and relevance. According to Pickar, the objections did not adequately explain what documents were being withheld or the scope of any proposed search. The defendants disagreed and argued, among other things, that Pickar had not met and conferred in good faith before seeking court intervention.

Rulings

The court agreed with the defendants that Pickar had not satisfied the requirement to meet and confer in good faith. The court stated that further discussion might narrow or eliminate the parties’ disagreements. It ordered counsel to meet in person or by video for at least one hour by July 17, 2025, to discuss the discovery disputes and Pickar’s motion to strike the defendants’ affirmative defenses.

The court denied Pickar’s letter-motion to compel production without prejudice to renewal after the required meet-and-confer. The court also denied Pickar’s request to stay discovery pending a ruling on the motion. The opinion does not state that the court ruled on Pickar’s request for attorneys’ fees.

The court set July 23, 2025, as the deadline for the defendants’ opposition to Pickar’s motion to strike, and July 30, 2025, as the deadline for any reply. The court also stated that Pickar’s opposition to the defendants’ letter-motion for a protective order was due July 14, 2025. The clerk was directed to terminate ECF No. 43.