Jamison v. YC Parmia Insurance Group et al

Filing 51

ORDER signed by Magistrate Judge Kendall J. Newman on 6/25/15 ORDERING that Plaintiff's motion to compel discovery (ECF No. 44 ) is denied without prejudice; Plaintiffs motion for production of documents (ECF No. 48 ) is denied without prejudice; Plaintiffs June 4, 2015 motion (ECF No. 45 ), construed as a request for default, is denied; and all discovery is stayed pending resolution of defendants motion to dismiss (ECF No. 42 ).(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JEREMY JAMISON,

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Plaintiff,
v.

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ORDER

YC PARMIA INSURANCE GROUP, et
al.,
Defendants.

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No. 2:14-cv-1710 GEB KJN P

Plaintiff is a state prisoner, proceeding without counsel. Multiple motions are pending,
which this court addresses as follows.
On June 3, 2015, plaintiff filed a motion to compel discovery. However, as noted in

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defendants’ opposition, plaintiff did not first serve discovery requests or allow time for

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defendants to respond. Thus, plaintiff’s motion to compel is premature and is denied without

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prejudice.

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On June 17, 2015, plaintiff filed a document entitled “Motion for Production of

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Documents.” (ECF No. 48.) Plaintiff is informed that court permission is not necessary for

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discovery requests and that neither discovery requests served on an opposing party nor the party’s

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responses should be filed until such time as a party becomes dissatisfied with a response and

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seeks relief from the court pursuant to the Federal Rules of Civil Procedure. Discovery requests

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between the parties shall not be filed with the court unless, and until, they are at issue.
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Plaintiff is cautioned that further filing of discovery requests or responses, except as required by

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rule of court, may result in an order of sanctions, including, but not limited to, a recommendation

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that this action be dismissed.
On June 4, 2015, plaintiff filed a document styled “Motion for Judgment,” in which

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plaintiff alleges defendants failed to timely respond to the amended complaint. (ECF No. 45.)

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The undersigned construes plaintiff’s motion as a request for entry of default. Defendants filed

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an opposition in which they state that although they timely responded by filing a motion to

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dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, it appears that plaintiff

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may not have received the motion due to his subsequent transfer to a different prison. (ECF No.

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47.) Defendants re-served their motion to dismiss on plaintiff’s current address. (Id.) On June

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17, 2015, plaintiff filed an opposition to the motion to dismiss. (ECF No. 49.) Because

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defendants have timely appeared in this action, plaintiff’s request for default is denied.

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Finally, in light of the pending motion to dismiss, discovery is stayed pending resolution

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of the motion. Once the motion to dismiss is resolved, the undersigned will, if appropriate, issue

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a discovery order. Pending further order of court, plaintiff shall not serve any discovery requests.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion to compel discovery (ECF No. 44) is denied without prejudice;

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2. Plaintiff’s motion for production of documents (ECF No. 48) is denied without

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prejudice;
3. Plaintiff’s June 4, 2015 motion (ECF No. 45), construed as a request for default, is

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denied; and
4. All discovery is stayed pending resolution of defendants’ motion to dismiss (ECF No.

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42).

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Dated: June 25, 2015

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/jami1710.411+

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