Bush v. Sunnyvale Department of Public Safety

Filing 184

ORDER Denying 180 Plaintiff's Motion for Production of Prior Statements. Noticed motion hearing vacated. Signed by Magistrate Judge Howard R. Lloyd on 2/22/2012. (hrllc2, COURT STAFF) (Filed on 2/22/2012)

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1 *E-FILED: February 22, 2012* 2 3 4 5 6 NOT FOR CITATION 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 For the Northern District of California United States District Court 7 No. C08-01354 LHK (HRL) JAMES ALAN BUSH, 12 ORDER DENYING PLAINTIFF’S MOTION FOR PRODUCTION OF PRIOR STATEMENTS Plaintiff, v. 13 14 SUNNYVALE DEPARTMENT OF PUBLIC SAFETY, et al., 15 [Re: Docket No. 180] Defendants. / 16 17 Pursuant to Fed. R. Civ. P. 26(b)(3)(C), plaintiff James Alan Bush moves for an order 18 compelling the County Public Defender’s Office (Office) to produce statements that it 19 reportedly made about the instant lawsuit.1 That rule, however, provides that a party may obtain 20 his or her own prior statements about an action or its subject matter. Moreover, although Bush 21 says that he is seeking to have a prior order of dismissal vacated, the fact remains that the Office 22 is not a party to this action. In any event, it appears that this case has not progressed to the 23 point where plaintiff would be entitled to take discovery from any source. FED. R. CIV. P. 24 26(d)(1). Accordingly, plaintiff’s motion to compel is denied. SO ORDERED. 25 26 Dated: February 22, 2012 HOWARD R. LLOYD 27 UNITED STATES MAGISTRATE JUDGE 28 The matter is deemed suitable for determination without oral argument, and the noticed motion hearing is vacated. CIV. L.R. 7-1(b). 1 1 5:08-cv-01354-LHK Notice sent by U.S. Mail to: 2 James Alan Bush 471 East Julian Street San Jose, CA 95112 3 4 5 6 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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