Hall v. San Joaquin County Jail, et al

Filing 107

ORDER signed by Magistrate Judge Allison Claire on 9/6/2016 ORDERING plaintiff's 106 request is STRICKEN from the record. Plaintiff is cautioned that he should not file any further discovery requests or responses to discovery requests unless they are being used to support or oppose a motion or the court orders them filed. (Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TERRELL D. HALL, 12 Plaintiff, 13 14 No. 2:13-cv-0324 AC P v. ORDER SAN JOAQUIN COUNTY JAIL, et al., 15 Defendants. 16 Plaintiff has filed a document entitled “Plaintiff’s First Request for Production of 17 18 Documents.” ECF No. 106. Plaintiff is informed that discovery will not begin until the court 19 issues a discovery and scheduling order. Once discovery begins, court permission is not 20 necessary for discovery requests and neither discovery requests served on an opposing party nor 21 that party’s responses should be filed unless they are being used to support or oppose a motion. 22 “[T]he following discovery requests and responses must not be filed until they are used in the 23 proceeding or the court orders filing: depositions, interrogatories, requests for documents or 24 tangible things or to permit entry onto land, and requests for admission.” Fed. R. Civ. P. 5(d)(1). Accordingly, IT IS HEREBY ORDERED that plaintiff’s August 31, 2016 request (ECF 25 26 No. 106) will be stricken from the record. Plaintiff is cautioned that he should not file any further 27 discovery requests or responses to discovery requests unless they are being used to support or 28 //// 1 1 oppose a motion or the court orders them filed. Repeated violations may result in an order of 2 sanctions, including, but not limited to, dismissal of this action. 3 DATED: September 6, 2016 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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