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]

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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

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