Baker v. Solano County Jail et al

Filing 49

ORDER signed by Magistrate Judge Kendall J. Newman on 4/15/2011 ORDERING that pltf's 43 motion to compel is DENIED as premature; and dfts' 44 request for sanctions is denied. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JERRY W. BAKER,

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Plaintiff,

No. 2:10-cv-1208 FCD KJN P

vs.
C/O J. SMITH, et al.,
Defendants.

ORDER
/

Plaintiff is a state prisoner proceeding without counsel. On March 22, 2011,

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plaintiff filed a motion to compel defendants to produce documents. On March 25, 2011,

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defendants filed an opposition and a request to sanction plaintiff for his alleged repeated

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violation of the Federal Rules of Civil Procedure.

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“Responses to written discovery requests shall be due forty-five days after the
request is served.” (Dkt. No. 27 at 5.)
Plaintiff claims he has requested documents from the defendants three times, but

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that defendants have failed to respond. However, plaintiff did not provide a copy of any of the

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requests for production of documents. Conversely, defendants state plaintiff propounded the

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requests for production of documents on March 8, 2011 and March 11, 2011. (Dkt. No. 44 at 1.)

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Plaintiff filed his motion to compel on March 22, 2011. As to the requests propounded on March
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8 and 11, 2011, defendants’ responses are not yet due pursuant to the court’s December 2, 2010

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discovery and scheduling order. (Dkt. No. 27 at 5.) Accordingly, plaintiff’s motion is premature

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and is denied.

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The court turns now to defendants’ request for sanctions based on plaintiff’s

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violation of the Federal Rules of Civil Procedure. Defendants point out plaintiff’s first violation

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occurred when he filed a motion to compel production of documents before serving the initial

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request for production on defendants. (Dkt. No. 34.) Plaintiff has now filed a motion to compel

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discovery responses prior to the deadline for answering the discovery requests. (Dkt. No. 43.)

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Plaintiff is advised that discovery is a process where he must first serve discovery requests on

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counsel for defendants, then he must wait for the 45 days’ response time to elapse prior to

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seeking court intervention. Because plaintiff is proceeding without counsel, the court will deny

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defendants’ request for sanctions at this time. However, plaintiff is cautioned that further

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violations may result in an order imposing sanctions, including, but not limited to, an order

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requiring payment of defendants’ expenses, or a recommendation that the action be dismissed.

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Fed. R. Civ. P. 37(b)(2)(A)(v) & (C).

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s March 22, 2011 motion to compel (dkt. no. 43) is denied as

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premature; and

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2. Defendants’ request for sanctions is denied.
DATED: April 15, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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bake1208.mtcr

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