Telles v. City of Waterford et al

Filing 62

ORDER Denying Plaintiff's 60 Motion For Discovery, signed by Magistrate Judge Barbara A. McAuliffe on 5/3/2013. (Plaintiffs Motion to Compel Discovery is DENIED WITHOUT PREJUDICE.) (Gaumnitz, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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HENRY WILLIAM TELLES, SR.,

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Plaintiff,
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v.
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CITY OF WATERFORD, et. al.,
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Defendants.
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____________________________________ )

Case No. 1:10-cv-0982-AWI-BAM
ORDER DENYING PLAINTIFF’S
MOTION FOR DISCOVERY

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On April 24, 2013, Plaintiff Henry William Telles, Sr. (“Plaintiff”) filed a motion to

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compel discovery. (Doc. 60.) Plaintiff unilaterality set the motion for hearing on May 6, 2013.

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Id.

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Plaintiff’s Motion to Compel fails to comply with the Federal Rules of Civil Procedure

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and the Court’s Local Rules. First, Plaintiff has not requested any discovery from Defendants.

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The Federal Rules of Civil Procedure permit Plaintiff to request discovery under Rules 26, 33, 34

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and 36, and may seek to compel a response to a discovery request under Rule 37. “However, the

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Court will not compel a response to discovery that was not propounded.” E & J Gallo Winery v.

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Proximo Spirits, Inc., 2011 WL 6002923 (E.D. Cal. 2011).

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Plaintiff’s Motion to Compel also fails to comply with the Court’s Local Rules. Local
Rule 251(a) requires a motion to compel discovery be noticed no less than twenty-one (21) days

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before the scheduled hearing. Plaintiff’s motion only provided twelve (12) days notice. Local

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Rule 251(a) also requires a “Joint Statement re Discovery Disagreement” be filed no later than

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seven (7) days prior to the noticed hearing. The parties have not filed a Joint Statement.

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Additionally, Local Rule 251(b) requires Plaintiff to meet and confer with Defendants in an

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attempt to resolve any differences. This Rule also requires Plaintiff to file and serve an affidavit

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setting forth the parties’ meet and confer efforts. Id. Plaintiff’s Motion does not indicate any

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meet and confer efforts took place.

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For the foregoing reasons, Plaintiff’s Motion to Compel Discovery is DENIED
WITHOUT PREJUDICE.
IT IS SO ORDERED.
Dated:
10c20k

May 3, 2013

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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