(PC) Ruiz v. Sanchez et al

Filing 18

ORDER signed by Magistrate Judge Deborah Barnes on 11/04/20 DENYING 16 Motion to Compel. (Plummer, M)

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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 JAMES THOMAS RUIZ, 12 13 14 15 No. 2:20-cv-1398 KJM DB P Plaintiff, v. ORDER J. SANCHEZ, et al., Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se with a civil rights action under 42 U.S.C. § 18 1983. In an order filed October 20, 2020, this court referred this case to the court’s Alternative 19 Dispute Resolution (“ADR”) project and stayed these proceedings for 120 days. (ECF No. 15.) 20 A settlement conference has been scheduled for February 9, 2021. (See ECF No. 17.) 21 In a document filed October 21, plaintiff seeks to compel defendants to produce 22 documents. (ECF No. 16.) Plaintiff’s motion will be denied without prejudice to its renewal at 23 an appropriate time. In the court’s order staying these proceedings, the parties were advised that, 24 with a few exceptions, no pleadings or other documents may be filed in this case during the stay 25 of this action. In addition, plaintiff’s motion is premature. If this case does not settle, defendants 26 will be instructed to file a responsive pleading. After they have done so, this court will issue a 27 Discovery and Scheduling Order. At that point, discovery may commence. Plaintiff is warned 28 that if this case proceeds to the discovery phase, he must adhere to the Federal Rules of Civil 1 1 Procedure and the court’s orders regarding any discovery, including any motions to compel 2 responses to discovery. 3 Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to compel (ECF No. 16) 4 is denied. 5 Dated: November 4, 2020 6 7 8 9 10 11 12 13 DLB:9 DB/prisoner-civil rights/ruiz1398.mtc prem 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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