Pruitt v. Ryan et al

Filing 61

ORDER striking 51 Plaintiff's First Request for Production of Documents, docketed as "Motion to Produce Documents by Sherman Terrell Pruitt." See PDF document for details. Signed by Magistrate Judge Eileen S Willett on 2/3/16.(LSP)

Download PDF
1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Sherman Terrell Pruitt, No. CV-13-02357-PHX-DJH (ESW) Plaintiff, 10 11 v. 12 ORDER Charles L. Ryan, et al., 13 Defendants. 14 15 Plaintiff filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983 on 16 November 15, 2013 (Doc. 1). All issues were joined on April 15, 2015 (Docs. 21, 22, 17 23). Plaintiff alleges a violation of his Eighth Amendment right to constitutionally 18 adequate medical care. 19 Production of Documents (Doc. 51) which the Clerk of Court has docketed as a “Motion 20 to Produce Documents.” Pending before the Court is Plaintiff’s First Request for 21 Federal Rules of Civil Procedure Rule 5(d) states that “the following discovery 22 requests and responses must not be filed until they are used in the proceeding or the 23 court orders filing: depositions, interrogatories, requests for documents or tangible 24 things or to permit entry onto land, and requests for admission.” LRCiv 5.2 provides that 25 “[a] ‘Notice of Service’ of the disclosures and discovery requests and responses listed in 26 Rule 5(d) of the Federal Rules of Civil Procedure must be filed within a reasonable time 27 after service of such papers.” 28 1 Plaintiff propounds a number of requests for production in his document filed on 2 January 14, 2016 (Doc. 51), which the Clerk of Court has docketed as a “Motion to 3 Produce Documents by Sherman Terrell Pruitt.” 4 discovery requests in the proceeding (e.g. by relying upon responses in support of a 5 motion, supporting a motion to compel, etc.). Therefore, Plaintiff’s filing of the 6 actual discovery requests instead of a “Notice of Service” is in violation of LRCiv 7 5.2 and Rule 5(d) of the Federal Rules of Civil Procedure. Accordingly, the 8 document docketed as “Motion to Produce Documents by Sherman Terrell Pruitt” (Doc. 9 51) will be stricken. 10 Plaintiff has not “used” these The Court deems the January 14, 2016 filing date of Plaintiff’s First Request for 11 Production of Documents (Doc. 51) to be the date of service on Defendants. 12 February 17, 2016, Plaintiff shall file a Notice of Service in compliance with LRCiv 5.2 13 indicating that on January 14, 2016, Plaintiff served the First Request for Production of 14 Documents on Defendants. By 15 For the reasons set forth above, 16 IT IS ORDERED striking Plaintiff’s First Request for Production of Documents, 17 18 19 20 docketed as “Motion to Produce Documents by Sherman Terrell Pruitt.” (Doc. 51). IT IS FURTHER ORDERED that by February 17, 2016, Plaintiff shall file a Notice of Service in compliance with LRCiv 5.2 indicating that on January 14, 2016, Plaintiff served the First Request for Production of Documents on Defendants. 21 22 Dated this 3rd day of February, 2016. 23 24 25 26 27 28 -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?