Murphy v. Midland Funding, LLC

Filing 11

ORDER signed by Magistrate Judge Kendall J. Newman on 04/12/17 ORDERING that the 10 Motion for Discovery is DENIED without prejudice as premature; all discovery is STAYED until the 04/27/17 status conference. (Benson, A)

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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 NICHOLAS JAMES MURPHY, 12 13 14 No. 2:17-cv-0242-JAM-KJN PS Plaintiff, v. ORDER MIDLAND FUNDING, LLC, 15 16 Defendant. 17 18 19 20 A status (pretrial scheduling) conference in this matter is presently set for April 27, 2017. (ECF No. 8.) On April 10, 2017, plaintiff filed a “motion for discovery.” (ECF No. 10.) However, 21 upon review of the motion, it is actually a set of requests for admission to defendant. Discovery 22 requests, and responses to such requests, should not ordinarily be filed on the court record, but 23 merely served on the parties to the action. Moreover, a discovery motion at this juncture is 24 premature, because plaintiff has merely requested defendant to answer the requests for admission. 25 In light of plaintiff’s pro se status, the filing of a discovery motion was likely an inadvertent error. 26 If plaintiff at a later juncture believes that defendant’s discovery responses are somehow 27 insufficient, and wishes to bring a discovery motion, he must comply with the Federal Rules of 28 Civil Procedure and Local Rule 251, including the specific meet-and-confer and briefing 1 1 requirements.1 2 3 Therefore, the court denies the motion for discovery without prejudice as premature. The court also stays discovery until the April 27, 2017 status conference. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. Plaintiff’s motion for discovery (ECF No. 10) is DENIED WITHOUT PREJUDICE as 6 premature. 7 2. All discovery is STAYED until the April 27, 2017 status conference. 8 IT IS SO ORDERED. 9 Dated: April 12, 2017 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 A copy of the court’s Local Rules is available on the court’s website or from the Clerk’s Office. 2

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