Wilkes v. Magnus, et al.,

Filing 42

ORDER by Judge Lucy H. Koh denying 30 Motion for Discovery (Attachments: # 1 Certificate/Proof of Service) (mpb, COURT STAFF) (Filed on 1/14/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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DAVID WILKES,

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Plaintiff,
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v.
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CHIEF MAGNUS, RICHMOND POLICE )
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DEPARTMENT, et al.,
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Defendants.
____________________________________)

No. C 12-0090 LHK (PR)
ORDER DENYING MOTION
TO COMPEL DISCOVERY

(Docket No. 30)

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Plaintiff, a California state prisoner proceeding pro se, filed a civil rights complaint

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pursuant to 42 U.S.C. § 1983. The Court partially dismissed Plaintiff’s complaint, and ordered it

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served upon named Defendants. The Court ordered that discovery proceed in accordance with

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the Federal Rules of Civil Procedure, and that no further Court order was required before parties

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may conduct discovery. (Doc. No. 12.) Plaintiff has filed a motion for discovery, which the

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Court construes as a motion to compel. (Doc. No. 30.) Defendants oppose the motion. (Doc.

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No. 40.)

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Plaintiff may file a motion to compel discovery only after he satisfies the “meet and

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confer” requirements of the discovery rules. See Fed. R. Civ. P. 37(a)(2)(A) (providing motion

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to compel must include certification that movant has in good faith conferred or attempted to

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confer with non-disclosing party in effort to secure disclosure without court action). Because

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Plaintiff is detained, however, he is not required to meet and confer with Defendants in person.
Rather, if his discovery requests are denied, and he intends to seek a motion to compel, he must
Order Denying Motion for Discovery
G:\PRO-SE\SJ.LHK\CR.11\Wilkes090denydisc.wpd

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send a letter to Defendants to that effect, offering them one last opportunity to provide him with

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the sought-after information. Unless and until Plaintiff files the requisite certification

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demonstrating that he has conferred with Defendants, making known his intention to file a

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motion to compel, the Court will not interfere with discovery matters. Defendants are

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encouraged to respond to Plaintiff’s discovery requests, if appropriate, in a thorough and timely

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manner. At this time, the motion to compel will be DENIED without prejudice as premature.

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This order terminates docket number 30.

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IT IS SO ORDERED.

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DATED:

1/13/13
LUCY H. KOH
United States District Judge

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Order Denying Motion for Discovery
G:\PRO-SE\SJ.LHK\CR.11\Wilkes090denydisc.wpd

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