Alvarez v. T-Mobile USA, Inc

Filing 37

ORDER signed by Judge William B. Shubb on 7/6/11 ORDERING that regarding 30 Motion for LEAVE to conduct Arbitration-Related Discovery, Plaintiff is free to initiate discovery, and defendant is free to object to any specific discovery requests which it deems improper under the Rules. The parties should recognize, however, that discovery in this context should be speedy and limited. Any disputes that arise from discovery requests shall be heard by the assigned Magistrate Judge pursuant to Local Rules 251 and 302(c)(1). (Meuleman, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TRENT ALVAREZ, on behalf of
himself and all others
similarly situated,

NO. CIV. 2:10-2373 WBS GGH
ORDER

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Plaintiff,
v.
T-MOBILE USA, INC., and Does 1
through 10,

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Defendant.
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/

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This matter came on for hearing on July 5, 2011, on

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plaintiff’s motion for leave to conduct arbitration-related

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discovery.

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does not require a party to seek leave of court to engage in

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discovery, but instead allows a party objecting to a discovery

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request to make an appropriate motion.

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26(c); Diversified Metal Prods. v. T-Bow Co. Trust, No. CV 93-

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405, 1994 WL 744422, at *4-5 (D. Idaho Oct. 25, 1994) (adopting

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Magistrate Judge’s report and recommendation).

(Docket No. 30.)

Federal Rule of Civil Procedure 26

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See Fed. R. Civ. P.

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If the parties have not yet conferred as required by

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Rule 26(f), which generally must take place before a party may

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seek discovery, see Fed. R. Civ. P. 26(d), nothing prevents the

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parties from so conferring.

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Union, 92 F. App’x 896, 901-02 (3d Cir. 2004) (“The

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responsibility for arranging this conference and initiating

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discovery is placed squarely on the shoulders of the attorneys of

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record and not on the district court.”).

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See Scott v. Graphic Commc’ns Int’l

Plaintiff is therefore free to initiate discovery, and

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defendant is free to object to any specific discovery requests

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which it deems improper under the Rules.

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recognize, however, that discovery in this context should be

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speedy and limited.

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App’x 498, 501 (5th Cir. 2009).

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discovery requests shall be heard by the assigned Magistrate

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Judge pursuant to Local Rules 251 and 302(c)(1).

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See Bell v. Koch Foods of Miss., LLC, 358 F.
Any disputes that arise from

IT IS SO ORDERED.
DATED:

The parties should

July 6, 2011

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