Black v. Potter

Filing 24

ORDER DENYING PLAINTIFF'S MOTION FOR DISCOVERY re 16 . Signed by Judge Susan Illston. (SI, COURT STAFF) (Filed on 10/2/2008)

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1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: October 2, 2008 SUSAN ILLSTON United States District Judge HAROLD BLACK, v. Plaintiff, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA No. C 08-1344 SI ORDER DENYING PLAINTIFF'S MOTION FOR DISCOVERY JOHN E. POTTER, Postmaster General, Defendant. / By letter brief, plaintiff seeks resolution of a dispute concerning defendant's compliance with plaintiff's discovery requests. [Docket # 16]. Defendant responds that plaintiff failed to confer with defense counsel before filing his letter with the Court. [Docket # 17]. Discovery requests and responses normally are exchanged between the parties without any copy sent to the court. See Fed. R. Civ. P. 5(d) (listing discovery requests and responses that "must not" be filed with the court until they are used in the proceeding or the court orders otherwise). Only when the parties have a specific discovery dispute that they cannot resolve among themselves should the parties consider asking the court to intervene in the discovery process. To promote the goal of addressing only very specific disagreements (rather than becoming an overseer of all discovery), the court requires that the parties meet and confer to try to resolve their disagreements before seeking court intervention. See Fed. R. Civ. P. 37(a)(2)(B); N.D. Cal. Local Rule 37. Accordingly, plaintiff's motion for discovery is DENIED and plaintiff is directed to contact defense counsel to discuss the matters raised in plaintiff's letter. IT IS SO ORDERED.

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