ARNOLD v. GATES et al
ENTRY ON PENDING MOTIONS - Defendant Gates has not yet filed an answer or appeared. He is in default. The clerk is directed to enter a default on the docket as to defendant Gates. The motion for default judgment, dkt. 75 , is denied. The plaintiff 's motion to depose all defendants, dkt. 77 , is denied as unnecessary. The plaintiff does not need leave of the Court to depose the defendants. The plaintiff's motion for subpoena, dkt. 78 , is granted. The clerk is instructed to include five (5) blank but endorsed subpoenas along with the plaintiff's copy of this entry. The plaintiff's motion for subpoena duces tucem, dkt. 79 , is denied as this time. The plaintiff is directed to Federal Rules of Civil Procedure Rule 34, a copy of which is attached to this document. If the plaintiff is unable to obtain the discoverable documents necessary to litigate this case through Rule 34, he should inform the Court. The plaintiff's motion to appoint counsel, dkt. 83 , is granted pursuant to the Entry found at docket 80 . Signed by Judge Tanya Walton Pratt on 11/21/2017. (Copy mailed to Plaintiff) (MEJ) Modified on 11/21/2017 to remove blank attachments (MEJ). (Additional attachment(s) added on 11/21/2017: # 1 Federal Rules of Civil Procedure: 34) (MEJ).
FEDERAL RULES OF CIVIL PROCEDURE: 34
Rule 34. Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
(a) Scope. Any party may serve on any other party a request (1) to produce and permit the party making the
request, or someone acting on the requestor's behalf, to inspect and copy, any designated documents (including
writings, drawings, graphs, charts, photographs, phonorecords, and other data compilations from which information
can be obtained, translated, if necessary, by the respondent through detection devices into reasonably usable form),
or to inspect and copy, test, or sample any tangible things which constitute or contain matters within the scope of
Rule 26(b) and which are in the possession, custody or control of the party upon whom the request is served; or (2)
to permit entry upon designated land or other property in the possession or control of the party upon whom the
request is served for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the
property or any designated object or operation thereon, within the scope of Rule 26(b).
(b) Procedure. The request shall set forth, either by individual item or by category, the items to be inspected
and describe each with reasonable particularity. The request shall specify a reasonable time, place, and manner of
making the inspection and performing the related acts. Without leave of court or written stipulation, a request may
not be served before the time specified in Rule 26(d).
The party upon whom the request is served shall serve a written response within 30 days after the service of the
request. A shorter or longer time may be directed by the court or, in the absence of such an order, agreed to in
writing by the parties, subject to Rule 29. The response shall state, with respect to each item or category, that
inspection and related activities will be permitted as requested, unless the request is objected to, in which event the
reasons for the objection shall be stated. If objection is made to part of an item or category, the part shall be
specified and inspection permitted of the remaining parts. The party submitting the request may move for an order
under Rule 37(a) with respect to any objection to or other failure to respond to the request or any part thereof, or
any failure to permit inspection as requested.
A party who produces documents for inspection shall produce them as they are kept in the usual course of
business or shall organize and label them to correspond with the categories in the request.
(c) Persons Not Parties. A person not a party to the action may be compelled to produce documents and things
or to submit to an inspection as provided in Rule 45.
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