Jordon v. Hoag et al

Filing 62

ORDER DENYING WITHOUT PREJUDICE PLAINTIFF'S DISCOVERY REQUEST. Re: Dkt. No. 61 . Signed by Judge Nathanael Cousins on 2/9/2016. (lmh, COURT STAFF) (Filed on 2/9/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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J. D. JORDAN,

United States District Court
Northern District of California

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Case No. 15-cv-01819 EJD (NC)

Plaintiff,

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ORDER DENYING WITHOUT
PREJUDICE PLAINTIFF’S
DISCOVERY REQUEST

v.
JAY C. HOAG, et al.,

Re: Dkt. No. 61

Defendants.

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Proceeding pro se, plaintiff J. D. Jordan requests “the court to allow discovery” in his case

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following a motion to dismiss filed by Defendants. Federal Rule of Civil Procedure 37(a)(1)

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states that “[o]n notice to other parties and all affected persons, a party may move for an order

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compelling disclosure or discovery. The motion must include a certification that the movant has in

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good faith conferred or attempted to confer with the person or party failing to make disclosure or

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discovery in an effort to obtain it without court action.” Local Rule 37-1(a) states that “[t]he Court

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will not entertain a request or a motion to resolve a disclosure or discovery dispute unless,

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pursuant to Fed. R. Civ. P. 37, counsel have previously conferred for the purpose of attempting to

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resolve all disputed issues.”

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Here, Jordan has not supplied the Court with proof that he attempted to meet and confer

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with Defendants regarding discovery disputes and his request is therefore denied. However, the

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denial is without prejudice, and Jordan may make the request again after he has met and discussed

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his discovery issues with Defendants in good faith. If, after the parties confer, there is an

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unresolved dispute, the parties should present it in a joint discovery brief not to exceed five pages.
To assist Jordan, the Court attaches a letter with information and resources available for
pro se litigants.

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IT IS SO ORDERED.

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Dated: February 9, 2016

_____________________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

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United States District Court
Northern District of California

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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280 South 1st Street
San Jose, CA 95113

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SUSAN Y. SOONG
CLERK OF COURT

To:
Re:

GENERAL COURT NUMBER
408-535-5363

Pro Se Litigant
Representing Yourself Before This Court For Discovery

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Dear Pro Se Litigant:
In your case, the district court judge has referred all discovery matters to Magistrate Judge

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United States District Court
Northern District of California

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Cousins. This means that any filing related to discovery should be sent to Magistrate Judge
Cousins, not the district court judge that was assigned to your case.
If you are representing yourself in federal court without representation by an attorney, that is
called proceeding “pro se.” The court has free resources to help you find your way through the
court system and procedures. The Federal Pro Se Program at the San Jose Courthouse provides free

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information and limited-scope legal advice to pro se litigants in federal civil cases. The Federal Pro

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Se Program is available by appointment and on a drop-in basis. The Federal Pro Se Program is

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available at Room 2070 in the San Jose United States Courthouse (Monday to Thursday 1:00 – 4:00

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pm, on Friday by appointment only), and The Law Foundation of Silicon Valley, 152 N. 3rd Street,

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3rd Floor, San Jose, CA (Monday to Thursday 9:00 am – 12:00 pm, on Friday by appointment

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only), or by calling [phone].

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There are also online resources available on the court’s webpage. The Pro Se Handbook,

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found at http://www.cand.uscourts.gov/prosehandbook, has a downloadable version of the court’s

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own publication: Representing Yourself in Federal Court: A Handbook for Pro Se Litigants. Pay

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special attention to the Civil Litigation Packets tab on the left, which provides useful fillable

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forms. The Pro Se Handbook website also has a link to the Court’s Electronic Case Filing (ECF)

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website.

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Susan Y. Soong
Clerk, United States District Court

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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J. D. JORDON,

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Case No. 15-cv-01819-EJD (NC)

Plaintiff,
v.

CERTIFICATE OF SERVICE

JAY C. HOAG, et al.,
Defendants.

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United States District Court
Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.

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That on February 9, 2016, I SERVED a true and correct copy(ies) of the attached, by

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placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by

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depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery

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receptacle located in the Clerk's office.

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J. D. Jordon
P. O. Box 23866
New Orleans, LA 70183

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Dated: February 9, 2016

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
Lili Harrell, Deputy Clerk to the
Honorable NATHANAEL M. COUSINS
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