Alston v. Mississippi Department of Transportation

Filing 56

ORDER denying 52 Motion to Compel. Signed by Magistrate Judge Jane M. Virden on 7/5/17. (ncb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION

JASON D ALSTON

PLAINTIFF

V.

CAUSE NO. 4:16CV00236-DMB-JMV

MISSISSIPPI DEPARTMENT OF TRANSPORTATION

DEFENDANT

ORDER
Before the court is Plaintiff’s motion [52] to compel initial disclosures. Having
considered the submissions of the parties, the record, and the applicable law, the court rules as
follows:
Plaintiff essentially argues defendant has failed to provide initial disclosures that comply
with the requirements of FED.R.CIV.P. 26(a)–quite the contrary of defendant’s assertion that
Plaintiff’s claim is no disclosures were provided. Plaintiff’s motion is denied without prejudice
because the motion fails to specify in what regard the disclosures are insufficient and because all
discovery is currently stayed in this matter. And, Plaintiff provides no cause why this court
should grant him relief from the prior Order [45] which stayed discovery. Once the stay is lifted,
Plaintiff may reurge the motion (if necessary), which motion should include details of why the
disclosures fail to comply with the rule and details of good faith attempts to resolve the issue of
the specified deficiencies.
SO ORDERED this 5th day of July, 2017.

/s/ Jane M. Virden
U. S. MAGISTRATE JUDGE