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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE A. ORTIZ, 12 Case No. 1:15-cv-01370-DAD-JLT (PC) Plaintiff, 13 v. 14 GARZA, ORDER DENYING PLAINTIFF’S MOTION FOR PRODUCTION OF DOCUMENTS 15 (Doc. 37) Defendant. 16 17 On December 27, 2016, Plaintiff filed a motion requesting Defendant to produce 18 documents under Federal Rule of Civil Procedure 34. (Doc. 37.) This is a request for production 19 of documents which should only have been served on Defendant and not filed with the Court. 20 The Amended Discovery and Scheduling Order, which controls discovery in this action, 21 specifically states “Discovery requests shall be served by the parties pursuant to Federal Rule of 22 Civil Procedure 5 and Local Rule 135 and shall only be filed when required by Local Rules 23 250.2, 250.3, and 250.4.” (Doc. 32, p. 1.) Plaintiff may file a motion to compel if, and only after 24 complying with the directions in the Discovery and Scheduling Order, he feels Defendant has not 25 produced a document/item that he has requested. However, Plaintiff’s motion fails to show that 26 he has served his requests for production on Defendant and that Defendant has provided an 27 insufficient response. 28 This is not the first frivolous motion to compel that Plaintiff has improperly filed. (See 1 1 Docs. 26, 31.) Accordingly, any further motions from Plaintiff to compel discovery responses 2 which do not meet the requirements of the Local Rules will be summarily stricken. 3 Thus, the Court ORDERS that Plaintiff’s motion to compel production of documents 4 from Defendant, filed on December 27, 2016, is DENIED. The Clerk of the Court is directed to 5 send copies of Local Rules 250.2, 250.3, and 250.4 to Plaintiff. 6 Plaintiff SHALL NOT file any further frivolous motions. 7 8 9 10 IT IS SO ORDERED. Dated: December 29, 2016 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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