Chen v. DeSoto County, Florida

Filing 35

ORDER denying 32 the Plaintiff, Guang Chens Motion to Compel Rule 26 Disclosures. Signed by Magistrate Judge Sheri Polster Chappell on 4/26/2010. (LMH)

UNITED STATES DISTRICT COURT M ID D LE DISTRICT OF FLORIDA FO R T MYERS DIVISION G U A N G CHEN, Plaintiff, -vsD ESO TO COUNTY, FLORIDA, a political sub division of the State of Florida, D ef en d an t. _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ OR D ER This matter comes before the Court on The Plaintiff, Guang Chen's Motion to Compel Rule 26 D isclosu res (Doc. #32) filed on April 16, 2010. The Defendant filed its Response in Opposition (Doc. # 34) on April 23, 2010. The Motion ripe for review. The Plaintiff moves the Court to Compel the Defendant to disclose its Rule 26 initial discovery. Wh ile it is true that a party must make its initial discovery pursuant to Rule 26, that discovery disclosure is not required until after the Case Management and Scheduling Order is filed with the Court. In this instance, no Case Management and Scheduling Order has been filed with the Court. Moreover, the Defendant states that it has already provided the Plaintiff with its Rule 26 discovery materials. Thus, the M otio n is due to be denied. Accordingly, it is now ORDERED: Th e Plaintiff, Guang Chen's Motion to Compel Rule 26 Disclosures (Doc. #32) is DENIED. D ON E AND ORDERED at Fort Myers, Florida, this 26th day of April, 2010. Case No. 2:09-cv-752-FtM-99SPC

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