Trumble v. Reinke et al

Filing 33

ORDER Plaintiff's Second Motion for Extension of Time to Pay the Filing Fee (Dkt. 29 ) is GRANTED. Plaintiff shall pay the remainder of the fee no later than 4/30/15. Plaintiff's Motion for Discovery (Dkt. 30 ) is STRICKEN. Plaintiff 9;s Renewed Motion for Preliminary Injunction (Dkt. 9 ) is MOOT. Plaintiff shall file a Second Renewed Motion for Preliminary Injunction, if current facts support such a motion, no later than 3/13/15. The Answer or Pre Answer Motion of all Defendan ts, regardless of service or waiver dates, shall be due no later than 3/31/15. The responses of all Defendants to Plaintiff's second renewed motion for preliminary injunction shall be due no later than 3/31/15. Signed by Judge Ronald E. Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

CHARLES TRUMBLE,
Plaintiff,
vs.

Case No. 1:14-cv-00256-REB
ORDER

BRENT REINKE, RANDY BLADES,
KEITH YORDY, ROBIN SANDY, DR.
DAVID McCLUSKY, CORIZON
MEDICAL SERVICES, DR. YOUNG,
DR. BABATCH, P.A. PAULSON, P.A.
VALLEY, and P.A. SCHAFFER,,
Defendants.

On November 20, 2014, the Court ordered Plaintiff to effect service of process of
his Amended Complaint and Renewed Motion for Preliminary Injunction upon
Defendants. (Dkt. 22.) Plaintiff has only recently indicated that he served the Amended
Complaint and Renewed Motion for Preliminary Injunction upon the medical
defendants.1 Because Plaintiff’s medical conditions and treatment likely have changed
within the past six months, the Court will deem the current motion moot and require
Plaintiff to file a Second Renewed Motion for Preliminary Injunction that specifies why
Plaintiff believes he is entitled to a preliminary injunction in the context of the current
1

Plaintiff has filed a notice of service of summons, while Defendants have provided a waiver of service of
summons.

ORDER - 1

treatment he has received over the past six months. If some of Plaintiff’s claims are no
longer at issue, he should omit the claims from the second renewed preliminary
injunction motion.
Plaintiff also seeks an extension of time in which to pay the filing fee. Good cause
appearing, the motion will be granted.
Plaintiff has also filed a Motion for Discovery. However, discovery requests
should not be filed with the Court, but exchanged between the parties by mail. The Court
is not involved in discovery, unless a motion to compel discovery is filed. However, the
parties need to make their best efforts to consult with one another to resolve discovery
disputes before bringing a motion to compel. Because it should not be on the Court’s
docket, the discovery request shall be stricken. No further discovery requests shall be
submitted to the Clerk of Court for filing.
ORDER
IT IS ORDERED:
1. Plaintiff’s Second Motion for Extension of Time to Pay the Filing Fee (Dkt. 29) is
GRANTED. Plaintiff shall pay the remainder of the fee no later than April 30,
2015.
2. Plaintiff’s Motion for Discovery (Dkt. 30) is STRICKEN.
3. Plaintiff’s Renewed Motion for Preliminary Injunction (Dkt. 9) is MOOT.
4. Plaintiff shall file a Second Renewed Motion for Preliminary Injunction, if current
facts support such a motion, no later than March 13, 2015.

ORDER - 2

5. The Answer or Pre-Answer Motion of all Defendants, regardless of service or
waiver dates, shall be due no later than March 31, 2015.
6. The responses of all Defendants to Plaintiff’s second renewed motion for
preliminary injunction shall be due no later than March 31, 2015.

DATED: February 26, 2015

Honorable Ronald E. Bush
U. S. Magistrate Judge

ORDER - 3