Garrett v. Adams et al

Filing 70

ORDER denying 62 Motion to Compel. Signed by Magistrate Judge Donald A Scheer. (MLan)

-DAS Garrett v. Adams et al

Doc. 70

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION TERRENCE GARRETT, Plaintiff, vs. STATE TROOPER ADAMS, et.al., Defendants. ____________________________/ ORDER DENYING PLAINTIFF'S MOTION FOR DISCOVERY-DISCLOSURE This cause comes before the Court on Plaintiff's Motion for Discovery-Disclosure filed on August 16, 2010 (Docket #62). Defendants separately filed responses opposing the motion (Docket #62-#67). Plaintiff seeks to compel Defendants to produce the "name and, if known, the address and telephone number of each individual likely to have discoverable information that [Defendants] may use to support [their] claim". Plaintiff seeks "all documents, electronically stored information and tangible things that are in the possession, custody or control of the Defendants" that may be used to support their claims. (Plaintiff's Motion, pp. 1-2). Defendants have already provided Plaintiff with a list of individuals that may possess discoverable information. The docket reflects the fact that Defendants have supplied Plaintiff with Witness Lists (Docket #53-55). Since discovery is currently ongoing, CIVIL ACTION NO. 09-13141 DISTRICT JUDGE AVERN COHN MAGISTRATE JUDGE DONALD A. SCHEER

Defendants will update their lists as they become aware of individuals, documents and tangible items necessary to support their defense. Plaintiff also seeks depositions, interrogatories, medical records or any other documents or information, which is to be produced "30 days before a trial date is set in this

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matter." (Plaintiff's Motion, pp. 3 & 5). Presumably, Plaintiff's vague and overly broad request is based upon Fed. R. Civ. P. 26(a)(3)(B), which requires disclosure of evidence that a party may present at trial 30 days prior to trial. As such disclosures are mandatory unless the Court orders otherwise, no order from this Court is required to facilitate this disclosure. SO ORDERED. s/Donald A. Scheer DONALD A. SCHEER UNITED STATES MAGISTRATE JUDGE DATED: September 9, 2010

______________________________________________________________________ CERTIFICATE OF SERVICE I hereby certify on September 9, 2010 that I electronically filed the foregoing paper with the Clerk of the Court sending notification of such filing to all counsel registered electronically. I hereby certify that a copy of this paper was mailed to the following nonregistered ECF participants on September 9, 2010: Terrence Garrett. s/Michael E. Lang Deputy Clerk to Magistrate Judge Donald A. Scheer [phone]

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