Huminski v. Mercy Gilbert Medical Center, et al

Filing 5

ORDER denying 4 plaintiff's motion for order allowing pre-lawsuit discovery to identify defendants. Signed by Judge Frederick J Martone on 7/10/2012.(KAR)

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WO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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)
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Plaintiff,
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vs.
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Mercy Gilbert Medical Center; Dignity)
Health; Tim Bricker; Gregory Berman;)
Gary Petersen; Jon Stevenson; Six)
Unnamed Employees of Mercy Gilbert)
Hospital/Dignity Health; Town of Gilbert;)
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Tim Dorn; Debra Hartin,
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Defendants.
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Scott Huminski,

CV 12-01437-PHX-FJM
ORDER

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The court has before it plaintiff's motion for order allowing pre-lawsuit discovery to
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identify defendants (doc. 4). Plaintiff, appearing pro se, alleges that he was violently
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attacked and detained by Mercy Gilbert hospital staff after he refused treatment and
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attempted to leave the hospital. Plaintiff requests a court order requiring Mercy Gilbert and
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Dignity Health to answer interrogatories and produce documents in order to "determine
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additional defendants in this lawsuit." Mot. at 1.
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Parties may not seek discovery "before the parties have conferred as required by Rule
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26(f), except . . . when authorized by these rules, by stipulation, or by court order." Rule
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26(d)(1), Fed. R. Civ. P. This action was filed on July 3, 2012. There is no indication that
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any defendants have even been served, let alone that the parties have conferred in accordance
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with Rule 26(f), Fed. R. Civ. P. Plaintiff's request for discovery is premature.
IT IS ORDERED DENYING plaintiff's motion for order allowing pre-lawsuit
discovery to identify defendants (doc. 4).

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Plaintiff is encouraged to seek the advice of a lawyer. If he does not have one, he may

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wish to contact the Lawyer Referral Service of the Maricopa County Bar Association at 602-

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257-4434.

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DATED this 10th day of July, 2012.

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