Green et al v. Gilbert Public Schools District No. 41 et al

Filing 93

ORDER: IT IS ORDERED DENYING Plaintiffs' Motion to Compel 75 . (See attached PDF for details). Signed by Senior Judge Frederick J Martone on 10/9/13.(JAMA)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Sarah Green; Denise Green; Thomas)
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Green,
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Plaintiffs,
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vs.
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Gilbert Public Schools District No. 41, )
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et al.,
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Defendants.
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No. CV-12-01399-PHX-FJM
ORDER

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Before the court is plaintiffs’ motion to compel (doc. 75), defendants’ response (doc.

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84) and plaintiffs’ reply (doc. 87). Plaintiffs seek to “compel discovery as to the nature and

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extent of Defendants’ spoliation of evidence.” Motion at 1. Plaintiffs assert that defendants

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have refused to produce or preserve electronically stored information, falsified a report, and

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misrepresented their discovery production as complete. Id.

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Plaintiffs have cited no law supporting their position that defendants were required

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to maintain records in an electronic format. Moreover, plaintiffs make factual allegations and

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accusations without any evidentiary support. Defendants assert that they have produced in

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excess of 3,500 documents and responded to written discovery in excess of those permitted

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by our Rule 16 scheduling order. Defendants argue that plaintiffs’ discovery and public

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records requests are harassing and burdensome.

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Plaintiffs have failed to support their motion to compel either by legal authority or by

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evidentiary support. We cannot grant a motion to compel based on plaintiffs’ unsupported

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statements alone.

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IT IS ORDERED DENYING plaintiffs’ motion to compel (doc. 75).

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DATED this 9th day of October, 2013.

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