Dixon v. Wesbrook, et al.

Filing 30

ORDER DENYING Motion for Judicial Notice and Motion to Compel Defendants to Cooperate in Discovery (Doc. 24 ), Signed by Magistrate Judge Jennifer L. Thurston on 3/19/2012. (Arellano, S.)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11
12
13
14
15

DENISA DIXON,

)
)
Plaintiffs,
)
)
v.
)
)
BPD OFFICERS WESBROOK, et al.,
)
)
Defendant.
)
_______________________________________ )

Case No.: 1:11-cv-01290 AWI JLT
ORDER DENYING MOTION FOR JUDICIAL
NOTICE AND MOTION TO COMPEL
DEFENDANTS TO COOPERATE IN
DISCOVERY
(Doc. 24)

16
17

On March 12, 2012, Plaintiff filed a motion for the Court to take judicial notice and a request

18

that the Court order Defendants to cooperate with discovery efforts related to the identities of certain

19

bounty hunters. (Doc. 24) Notably, however, Plaintiff fails to identify the material of which she

20

request judicial notice. Likewise, Plaintiff does not explain why she believes this evidence may be

21

introduced at this time.

22

Moreover, though difficult to discern Plaintiff’s specific purpose in filing the motion, it

23

appears that Plaintiff is seeking the Bakersfield Defendants’ assistance in identifying and locating the

24

bounty hunters she claims improperly entered her home on January 6, 2011. (Doc. 24 at 1) However,

25

Plaintiff is advised that, according to Fed. Rule Civ. P. 26(d), discovery may not begin until after the

26

parties have completed the conference required by Fed. R. Civ. P. 26(f). This conference must occur

27
28
1

1

at least 21 days before the scheduling conference which, in this case, is May 16, 2012.1 (Doc. 19)

2

Moreover, Plaintiff is advised that the initial disclosures that are required to be made under Fed. R.

3

Civ. P. 26(a) are not required to be made until “at or within 14 days after the parties’ Rule 26(f)

4

conference.” Fed. R. Civ. P. 26(a)(C).

5
6

Therefore, the motion for judicial notice and to compel Defendants to cooperate with
discovery is DENIED.

7
8

IT IS SO ORDERED.

9

Dated: March 19, 2012
9j7khi

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

1

In light of the pending motion to dismiss, whether the scheduling conference will go forward on May 21, 2012,
will depend upon whether the complaint withstands dismissal or, if it does not, whether there is an operative pleading on file
by that time.

2