Ilsung v. Mobert

Filing 48

ORDER STRIKING Plaintiff's Motion For Production of Documents (ECF No. 47 ), signed by Magistrate Judge Michael J. Seng on 3/20/2014. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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VICTORY ILSUNG,
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Plaintiff,
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Case No. 1:10-cv-02070-AWI-MJS (PC)
ORDER STRIKING PLAINTIFF’S MOTION
FOR PRODUCTION OF DOCUMENTS

v.
(ECF No. 47)

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ROBERT MOBERT,
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Defendant.
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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights

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action filed pursuant to 42 U.S.C. § 1983. The matter proceeds on retaliation and medical

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indifference claims against Defendant Mobert.

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Before the Court is Plaintiff’s motion for production of four categories of documents

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from Defendant Mobert. The motion does not include proof of service upon Defendant. It is

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unclear if Plaintiff is advising the Court that he has made such requests of Defendant or if

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he is moving the Court to order Defendant to produce them. Either way, the Court cannot

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issue such an order in response to this motion.

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Discovery requests are to be served on counsel for the Defendant, not the Court.
Fed. R. Civ. P. 5; Disc. and Sched. Order, ECF No. 41, ¶ 1. In addition, each discovery
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request must comply with all requirements of Federal Rule of Civil Procedure 26-36 and

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Local Rule 135. A request for production of documents must describe with reasonable

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particularity the item(s) sought and specify a reasonable time, place and manner for

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production. Fed. R. Civ. P. 34(b).
The Court will not in any event act to enforce discovery unless a proper and timely

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motion is brought seeking such enforcement because of the opposing party’s failure to

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comply with discovery obligations. Here it is noted that the discovery request appears to be

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untimely. (See Disc. and Sched. Order, ECF No. 41, at ¶ 8.) If Plaintiff wishes to extend the

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discovery deadline, he must file a motion that includes a statement of good cause why

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discovery could not have been completed prior to the deadline. Fed. R. Civ. P. 26(b); Disc.

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and Sched. Order, ECF No. 41, ¶ 11.
Accordingly, for the reasons stated, it is HEREBY ORDERED THAT Plaintiff’s

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motion for production of documents (ECF No. 47) be STRICKEN from the record.

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IT IS SO ORDERED.

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Dated:

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March 20, 2014

/s/

UNITED STATES MAGISTRATE JUDGE
DEAC _Signature- END:

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Michael J. Seng

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