Rule 37 of the Federal Rules of Civil Procedure states:
(a) Motion for an Order Compelling Disclosure or Discovery.
(1) In General. On notice to other parties and all affected persons, a party may move for an order compelling disclosure or discovery. The motion must include a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make disclosure or discovery in an effort to obtain it without court action.
Rule 37 also states that a motion to compel can be filed in connection with required disclosures under Rule 26, depositions, interrogatories, and requests for production.
Madison is a paralegal who works for Andre, an attorney representing the plaintiff in a suit involving real estate. On behalf of the client, Andre served interrogatories on the defendant, but the defendant failed to respond. Andre sent both an e-mail and a letter to the defendant’s attorney, but in both instances, the defendant’s attorney stated the defendant would not respond to the interrogatories. If Andre asks Madison to prepare an initial draft of a motion to compel, which of the following approaches properly prepares the required certification of good faith in accordance with Rule 37?
