Balthrope v. Sacramento County Department of Health and Human Services et al

Filing 23

ORDER signed by Magistrate Judge John F. Moulds on 8/12/2011 DENYING 11 Motion for Writ to disclose names. (Waggoner, D)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ARIEL BALTHROPE,

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Plaintiff,

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No. 2:10-cv-3003-JAM-JFM (PS)

vs.
SACRAMENTO COUNTY OF
HEALTH AND HUMAN SERVICES,
et al.,
Defendants.

ORDER
/

This matter commenced on November 8, 2010 and is proceeding on a first

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amended complaint filed January 18, 2011. Service was ordered on May 26, 2011. A

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scheduling conference is set before the undersigned for December 1, 2011.

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On June 15, 2011, plaintiff, proceeding pro se, filed a motion for writ to disclose

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names. Plaintiff seeks an order from this court directing the disclosure of the names of Sheriff’s

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Deputies John Doe 1 and John Doe 2. Plaintiff asserts that, per an unidentified “records keeper,”

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a court order is necessary to obtain these names because they “are not disclosed in the

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Sacramento County of California CAD Report Event No. 081970050 dated 7/15/2008."

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At this posture, the undersigned does not find that a court order is necessary.
There is no suggestion that the parties have conferred as required by Federal Rule of Civil
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Procedure 26(f) or that the parties stipulated to commence discovery prior to the Rule 26(f)

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conference. See Fed. R. Civ. P. 26(d)(1). Thus, it has not yet been determined whether plaintiff

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may obtain these names through discovery.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for writ is denied

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without prejudice.

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DATED: August 12, 2011.

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/014;balt3003.jo

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