Daugherty v. City of Lincoln et al

Filing 62

MEMORANDUM AND ORDER Defendants Motion for Protective Order (Filing No. 60 ) is denied. Defendants need not respond to Plaintiffs discovery requests. If a progression order is later entered in this matter, Plaintiff will be required to re-serve his discovery requests in accordance with that progression order. Ordered by Judge Joseph F. Bataillon. (Copy mailed/e-mailed to pro se party)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ARRMON H. DAUGHERTY,
Plaintiff,
v.
CITY OF LINCOLN, et al.,
Defendants.

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4:10CV3111

MEMORANDUM
AND ORDER

This matter is before the court on Defendants’ Motion for Protective Order (Filing No. 60).
In Defendants’ Motion, Defendants ask the Court to stay all discovery proceedings pursuant to
Federal Rule of Civil Procedure 26(c). However, the court’s Local Rules exempt pro se cases (such
as this one) from the requirements of Federal Rule of Civil Procedure 26. See NECivR 16.1(c).
In pro se cases, “[a]pproximately 30 days after the last defendant files an answer, the court issues
a progression order addressing discovery and other issues. No discovery may take place until this
progression order is entered except upon motion and order.” Id. (emphasis added). The court has
not entered a progression order in this matter. (See Docket Sheet.) Thus, in accordance with the
court’s Local Rules, no discovery may take place at this time and no protective order is necessary.
IT IS THEREFORE ORDERED that: Defendants’ Motion for Protective Order (Filing No.
60) is denied. Defendants need not respond to Plaintiff’s discovery requests. If a progression order
is later entered in this matter, Plaintiff will be required to re-serve his discovery requests in
accordance with that progression order.
DATED this 22nd day of February, 2012.
BY THE COURT:
s/ Joseph F. Bataillon
United States District Judge

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