Givens v. County of Sacramento, et al.

Filing 33

ORDER signed by Magistrate Judge Kendall J. Newman on 12/15/16 DENYING WITHOUT PREJUDICE as premature 32 Request that issuance of subpoenas. Any discovery is STAYED until the initial status (pretrial scheduling) conference. (Washington, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRANCOIS P. GIVENS,

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No. 2:15-cv-0720-JAM-KJN PS

Plaintiff,
v.

ORDER

COUNTY OF SACRAMENTO, et al.,
Defendants.

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On December 14, 2016, plaintiff, who is incarcerated and proceeds without counsel, filed
a request for issuance of subpoenas to various non-parties. (ECF No. 32.)
Generally, a party may not seek discovery from any source before the parties have

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conferred as required by Federal Rule of Civil Procedure 26(f). See Fed. R. Civ. P. 26(d)(1).

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Because defendants have not yet appeared in the action and no Rule 26(f) conference has taken

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place, plaintiff’s request is premature. In any event, the court finds it appropriate to stay any

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discovery until the initial status (pretrial scheduling) conference in this matter. At the status

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conference, the court and the parties will discuss, inter alia, the scope and methods of discovery

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contemplated, along with appropriate restrictions and deadlines, with a detailed scheduling order

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to be issued after that initial conference.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s request for the issuance of subpoenas (ECF No. 32) is DENIED WITHOUT
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PREJUDICE as premature.

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2. Any discovery is stayed until the initial status (pretrial scheduling) conference.

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IT IS SO ORDERED.

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Dated: December 15, 2016

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