Colston v. Boston Market Corporation et al

Filing 14

ORDER DENYING without Prejudice Plaintiff's 13 Motion to Order Defendants to Bring a video--Signed by Magistrate Judge Anthony P. Patti. (MWil)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MARK COLSTON,
Plaintiff,
v.

Case No. 2:17-cv-10076
District Judge Nancy G. Edmunds
Magistrate Judge Anthony P. Patti

BOSTON MARKET
CORPORATION, et al.,
Defendants.
___________________________________/
ORDER DENYING WITHOUT PREJUDICE PLAINTIFF’S MOTION TO
ORDER DEFENDANTS TO BRING VIDEO TO THE MARCH 14, 2017
SCHEDULING CONFERENCE (DE 13)
Plaintiff filed his complaint on January 10, 2017 and Defendants timely
answered on February 21, 2017. (DE 1 and 9.) Thereafter, the Court set a
scheduling conference pursuant to Federal Rule of Civil Procedure 16(b), requiring
both parties to appear on March 14, 2017. (DE 10.) On February 27, 2017,
Plaintiff filed a motion titled “Plaintiff’s Motion for Immediate Consideration to
Order the Defendant[s] to Bring Video of the Robbery that Occurred August 15,
2016 to the March 14, 2017 Conference Hearing.” (DE 13.) In his motion,
Plaintiff asks the Court to order Defendants to bring evidence to the scheduling
conference.

The purpose of the March 14, 2017 conference is to determine the schedule
for the entire case, including the timing of discovery. See Fed. R. Civ. P. 16(b)(3).
Plaintiff will be entitled to seek any discoverable evidence within that schedule and
pursuant to Rule 26. Plaintiff may then file a motion to compel under Rule 37 only
if Defendants do not provide discoverable evidence within the allotted timeframe
and after conducting a meet and confer pursuant to Eastern District of Michigan
Local Rule 7.1(a). Accordingly, Plaintiff’s pre-discovery motion is premature and
is therefore denied without prejudice. (DE 13.)
IT IS SO ORDERED.

Dated: February 28, 2017

s/Anthony P. Patti
Anthony P. Patti
UNITED STATES MAGISTRATE JUDGE

I hereby certify that a copy of the foregoing document was sent to parties of record
on February 28, 2017, electronically and/or by U.S. Mail.
s/Michael Williams
Case Manager for the
Honorable Anthony P. Patti

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