Covarsia Dill v. Ives et al

Filing 27

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