Boulding v. Michigan Department of Corrections et al

Filing 18

ORDER DENYING Plaintiff's 10 Motion,. Signed by Magistrate Judge R. Steven Whalen. (MWil)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TIMOTHY J. BOULDING,
No. 13-14325
Plaintiff,
District Judge Robert H. Cleland
vs.
Magistrate Judge R. Steven Whalen
CORIZON HEALTH, INC., ET AL.,
Defendants.
/
ORDER
Plaintiff, a pro se inmate in the custody of the Michigan Department of
Corrections, has filed a Motion for Rule 26(f) Meeting [Doc. #10].
Although Defendants Corizon Health, Inc. and Steven Bergman have executed
waivers of service, their answers are not yet due. More to the point, because plaintiff is a
prisoner in the custody of the State of Michigan, this action is exempt from both initial
disclosures under Fed.R.Civ.P. 26(a)(1) and the mandatory discovery planning
conference under Fed.R.Civ.P. 26(f). See Fed.R.Civ.P. 26(a)(1)(B)(iv). Likewise, once
Defendants have answered, discovery may proceed without the necessity of a Rule 26(f)
conference. See Sigers v. Bailey, 2009 WL 2872814, *2 (E.D.Mich. 2009)(Duggan, J.)
Therefore, Plaintiff’s motion [Doc. #10] is DENIED.

IT IS SO ORDERED.
Dated: January 8, 2014

s/ R. Steven Whalen
R. STEVEN WHALEN
UNITED STATES MAGISTRATE JUDGE

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I hereby certify that a copy of the foregoing document was sent to parties of record on
January 8, 2014, electronically and/or by U.S. Mail.
s/Michael Williams
Case Manager to the
Honorable R. Steven Whalen

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