Covarsia Dill v. Ives et al
Filing
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ORDER denying without prejudice 26 Motion to Compel Discovery. Signed by Magistrate Judge Cathy Ann Bencivengo on 5/18/11. (All non-registered users served via U.S. Mail Service)(rlu)
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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COVARSIA DILL,
Civil No.
Plaintiff,
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v.
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J. IVES, et al.,
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10cv1494-W (CAB)
ORDER DENYING WITHOUT
PREJUDICE MOTION TO COMPEL
DISCOVERY
[Doc. No. 26]
Defendants.
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On May 18, 2011, plaintiff filed a motion for order compelling discovery. [Doc. No. 26.]
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In the motion, plaintiff seeks an order compelling the production of certain records and
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information. However, there is no evidence that a) plaintiff has propounded a written discovery
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request on defendants and b) defendants either failed to respond to the discovery request or
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provided an insufficient response. See Fed. R. Civ. P. 37(a)(3)(B), (4); James v. Wash. Depot
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Holdings, Inc., 240 FRD 693, 694-695 (S.D. Fla. 2006). Given that there is no underlying
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discovery request upon which this court can rule, the motion is DENIED WITHOUT
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PREJUDICE.
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DATED: May 18, 2011
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CATHY ANN BENCIVENGO
United States Magistrate Judge
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10cv1494
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