Forbes v. Garcia et al

Filing 26

MINUTE ORDER denying 24 Motion to Compel Discovery by Magistrate Judge Michael E. Hegarty on 12/7/2015.(mdave, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-01860-MEH
JASON FORBES,
Plaintiff,
v.
GARCIA, Deputy, EID #13141,
C. JOHNSON, Deputy, EID #13095,
YOSHIMIYA, Deputy, EID #13080,
CHOAFE, Deputy, EID #12023, and
GONZALES, Deputy, EID #07092,
Defendants.

MINUTE ORDER
Entered by Michael E. Hegarty, United States Magistrate Judge, on December 7, 2015.
Plaintiff’s Motion to Compel Discovery and Affidavit [filed December 3, 2015; docket #24]
is denied as premature. Plaintiff brings his motion pursuant to Fed. R. Civ. P. 37; however, he has
not demonstrated that he has submitted discovery requests to the Defendants and they failed to
respond to such requests. In fact, the Status/Scheduling Conference in this case, at which the Court
will set deadlines for submitting discovery requests, is not scheduled until December 14, 2015.
If the Plaintiff seeks to serve his discovery requests on the Defendants by filing them with
the Court, he may do so pursuant to D.C. Colo. LCivR 5.3(b). However, he may not seek an order
to compel pursuant to Rule 37 unless and until the Defendants fail to respond to such requests. See
Fed. R. Civ. P. 37(a)(3).