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