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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*E-FILED: February 22, 2012*

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NOT FOR CITATION

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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For the Northern District of California

United States District Court

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No. C08-01354 LHK (HRL)

JAMES ALAN BUSH,

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ORDER DENYING PLAINTIFF’S
MOTION FOR PRODUCTION OF
PRIOR STATEMENTS

Plaintiff,
v.

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SUNNYVALE DEPARTMENT OF PUBLIC
SAFETY, et al.,

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[Re: Docket No. 180]

Defendants.
/

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Pursuant to Fed. R. Civ. P. 26(b)(3)(C), plaintiff James Alan Bush moves for an order

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compelling the County Public Defender’s Office (Office) to produce statements that it

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reportedly made about the instant lawsuit.1 That rule, however, provides that a party may obtain

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his or her own prior statements about an action or its subject matter. Moreover, although Bush

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says that he is seeking to have a prior order of dismissal vacated, the fact remains that the Office

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is not a party to this action. In any event, it appears that this case has not progressed to the

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point where plaintiff would be entitled to take discovery from any source. FED. R. CIV. P.

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26(d)(1). Accordingly, plaintiff’s motion to compel is denied.
SO ORDERED.

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Dated: February 22, 2012
HOWARD R. LLOYD

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UNITED STATES MAGISTRATE JUDGE

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The matter is deemed suitable for determination without oral argument, and
the noticed motion hearing is vacated. CIV. L.R. 7-1(b).
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5:08-cv-01354-LHK Notice sent by U.S. Mail to:

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James Alan Bush
471 East Julian Street
San Jose, CA 95112

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For the Northern District of California

United States District Court

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