Ortiz v. Garza

Filing 38

ORDER denying 37 Motion for production of documents signed by Magistrate Judge Jennifer L. Thurston on 12/29/2016. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSE A. ORTIZ,

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Case No. 1:15-cv-01370-DAD-JLT (PC)
Plaintiff,

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v.

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GARZA,

ORDER DENYING PLAINTIFF’S MOTION
FOR PRODUCTION OF DOCUMENTS

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(Doc. 37)
Defendant.

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On December 27, 2016, Plaintiff filed a motion requesting Defendant to produce

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documents under Federal Rule of Civil Procedure 34. (Doc. 37.) This is a request for production

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of documents which should only have been served on Defendant and not filed with the Court.

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The Amended Discovery and Scheduling Order, which controls discovery in this action,

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specifically states “Discovery requests shall be served by the parties pursuant to Federal Rule of

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Civil Procedure 5 and Local Rule 135 and shall only be filed when required by Local Rules

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250.2, 250.3, and 250.4.” (Doc. 32, p. 1.) Plaintiff may file a motion to compel if, and only after

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complying with the directions in the Discovery and Scheduling Order, he feels Defendant has not

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produced a document/item that he has requested. However, Plaintiff’s motion fails to show that

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he has served his requests for production on Defendant and that Defendant has provided an

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insufficient response.

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This is not the first frivolous motion to compel that Plaintiff has improperly filed. (See

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Docs. 26, 31.) Accordingly, any further motions from Plaintiff to compel discovery responses

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which do not meet the requirements of the Local Rules will be summarily stricken.

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Thus, the Court ORDERS that Plaintiff’s motion to compel production of documents

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from Defendant, filed on December 27, 2016, is DENIED. The Clerk of the Court is directed to

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send copies of Local Rules 250.2, 250.3, and 250.4 to Plaintiff.

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Plaintiff SHALL NOT file any further frivolous motions.

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IT IS SO ORDERED.
Dated:

December 29, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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