Webb v. Olive Garden Italian Restaurants/Darden Restaurants et al

Filing 59

ORDER DENYING WITHOUT PREJUDICE PLAINTIFF DAVID WEBB'S MOTION FOR LIMITED DISCOVERY re 47 Notice (Other) filed by David Webb. Signed by Judge Patricia V. Trumbull on May 14, 2009. (pvtlc2, COURT STAFF) (Filed on 5/14/2009)

Download PDF
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DAVID WEBB, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) ) Plaintiff, ) ) v. ) ) OLIVE GARDEN ITALIAN ) RESTAURANTS, ET AL., ) ) Defendants. __________________________________ ) Case No. C 08-04913 PVT ORDER DENYING WITHOUT PREJUDICE PLAINTIFF DAVID WEBB'S MOTION FOR LIMITED DISCOVERY [Docket No. 47] On April 23, 2009, plaintiff David Webb proceeding pro se moved for limited discovery of personnel and criminal background records of certain individuals employed by the Olive Garden Italian Restaurants. On May 8, 2009, defendant Olive Garden Restaurants filed a letter dated May 8, 2009 which objected to the request for personnel and criminal background records on the grounds that the request was premature pursuant to Rule 26(f). Rule 26(f) states in pertinent part that "[a] party may not seek discovery from any source before the parties have conferred as required by Rule 26(f)." Fed. R. Civ. P. 26(d). Generally, a Rule 26(f) conference is held "at least 21 days before a scheduling conference is to be held or a scheduling order is due under Rule 16(b)." Fed. R. Civ. P. 26(f). Here, the case management conference is scheduled to be held on June 30, 2009 and the case management conference statement is due no later than June 23, 2009. See Docket No. 51. ORDER, page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Therefore, plaintiff Webb's motion for limited discovery is premature. Accordingly, plaintiff Webb's motion for limited discovery is denied without prejudice. In the event plaintiff Webb seeks to renew his motion for discovery, he is advised to review the local rules (especially Civ. L.R. 7), which are available on the court's website located at www.cand.uscourts.gov. IT IS SO ORDERED. Dated: May 14, 2009 ____________________________ PATRICIA V. TRUMBULL United States Magistrate Judge ORDER, page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Counsel automatically notified of this filing via the court's Electronic Case Filing system. copies mailed on May 14, 2009 to: David Webb PO Box 312 Clearfield, Utah 84089 ___________EHP______ Chambers of US Magistrate Judge Patricia V. Trumbull ORDER, page 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?