Basham v. Midland Funding, LLC et al

Filing 62

ORDER Striking Plaintiff Basham's Discovery Request [ECF No. 48]. The Court DENIES Plaintiff Basham's motion and Orders that Plaintiff's First Set of MDL Discovery Requests be STRICKEN from the record. Signed by Magistrate Judge Mitchell D. Dembin on 6/24/2020. (All non-registered users served via U.S. Mail Service) (tcf) [Filed Nunc Pro Tunc 6/24/2020 from case 15-cv-1479-MMA-MDD]

Case 3:15-cv-02282-MMA-MDD Document 62 Filed 11/20/20 PageID.4572 Page 1 of 2

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

SOUTHERN DISTRICT OF CALIFORNIA

10
11
12
13

IN RE: MIDLAND CREDIT
MANAGEMENT, INC.,
TELEPHONE CONSUMER
PROTECTION ACT LITIGATION

Case No.: 11-md-2286-MMA-MDD
Member Case Nos.: 15-cv-1479-MMAMDD

15

ORDER STRIKING PLAINTIFF
BASHAM’S DISCOVERY
REQUEST

16

[ECF No. 48]

14

17
18

Plaintiff Angela D. Basham (“Basham”), in member case number 15-cv-

19

1479-MMA-MDD, filed with this Court her “First Set of MDL Discovery

20

Requests” propounded against Midland.1 (ECF No. 48).

21

Pursuant to Federal Rule of Civil Procedure 34(a), “[a] party may serve

22

on any other party a request” to produce documents. Fed. R. Civ. P. 34(a).

23

Federal Rule of Civil Procedure 5 mandates that requests for documents

24

“must not be filed” with the Court “until they are used in the proceeding or

25
26
27

1

The Court refers to all Defendants in this case as “Midland.”
1
11-md-2286-MMA-MDD

Case 3:15-cv-02282-MMA-MDD Document 62 Filed 11/20/20 PageID.4573 Page 2 of 2

1

the court orders filing.” Fed. R. Civ. P. 5(d)(1). In addition, under the Civil

2

Local Rules of Court,

3
4
5
6
7

unless filing is ordered by the court on motion of a party or upon its
own motion, interrogatories, requests for admission, requests for
productions and the answers thereto need not be filed unless and
until they are used in proceedings.
See S.D. Cal. Civ. L.R. §§ 33.1(c) & 36.1(c).
Accordingly, the Court DENIES Plaintiff Basham’s motion and Orders

8

that Plaintiff’s First Set of MDL Discovery Requests be STRICKEN from the

9

record.

10
11

IT IS SO ORDERED.
Dated: June 24, 2020

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
2
11-md-2286-MMA-MDD