Pacific Law Center et al v. Saadat-Nejad

Filing 65

ORDER Denying Defendant's 64 Motion for "Writ of Mandamus": Defendant requests that the Court: (1) order Plaintiffs to provide him a copy of his 8/3/06 retainer with Pacific Law Center, and (2) send the federal "court file" to Judge Richard Strauss who is presider over the parallel state court case against Defendant. The Court denies Defendant's first request as premature because he has failed to show that Plaintiffs have failed to comply with any particular discovery request under Rule 34 of the FRCP. The Court also denies Defendant's second request because there is no legal basis for it. Signed by Judge Janis L. Sammartino on 04/09/08. (mkz)

Pacific Law Center et al v. Saadat-Nejad

Doc. 65

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 On April 8, 2008, Defendant filed a document entitled "writ of mandamus." On page 37 of that document, Defendant requests that the Court: (1) order Plaintiffs to provide him a copy of his August 3, 2006 retainer with Pacific Law Center, and (2) send the federal "court file" to Judge Richard Strauss who is presiding over the parallel state court case against Defendant. The Court finds Defendant's first request premature because he has failed to show that Plaintiffs have failed to comply with any particular discovery request under Rule 34 of the Federal Rules of Civil Procedure. See Fed. R. Civ. P. 37(a)(3)(B) (stating that a party may move for an order compelling production if another party fails to respond or fails to permit inspection); see also LR 26.1(a) ("The court shall entertain no motion pursuant to Rules 26 through 37, Fed. R. Civ. P., unless counsel shall have previously met and conferred concerning all disputed issues."). Therefore, the Court DENIES Defendant's first request. PACIFIC LAW CENTER, a Professional Law Corporation; and SOLOMON WARD SEIDENWURM & SMITH, LLP, vs. Plaintiffs, CASE NO. 07cv460 JLS (POR) ORDER: DENYING DEFENDANT'S MOTION FOR "WRIT OF MANDAMUS"

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

SHAHROKH SAADAT-NEJAD, an individual, Defendant.

-1-

[07cv460]

Dockets.Justia.com

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 -2DATED: April 9, 2008 Honorable Janis L. Sammartino United States District Judge The Court also DENIES Defendant's second request because there is no legal basis for it. Accordingly, the Court DENIES Defendant's motion for a "writ of mandamus." IT IS SO ORDERED.

[07cv460]