Mizzoni v. State of Nevada ex rel Nevada Department of Corrections et al

Filing 74

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb, on 12/20/2012 denying 62 Motion to Compel. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT DISTRICT OF NEVADA JOSEPH L. MIZZONI, ) ) Plaintiff, ) ) vs. ) ) STATE OF NEVADA, et al., ) ) Defendants. ) ___________________________________ ) 3:11-cv-00358-HDM-WGC MINUTES OF THE COURT December 20, 2012 PRESENT: THE HONORABLE WILLIAM G. COBB, U.S. MAGISTRATE JUDGE DEPUTY CLERK: KATIE LYNN OGDEN REPORTER: NONE APPEARING COUNSEL FOR PLAINTIFF(S): NONE APPEARING COUNSEL FOR DEFENDANT(S): NONE APPEARING MINUTE ORDER IN CHAMBERS: Before the court is Plaintiff’s Motion to Compel Discovery (Doc. # 62), wherein Plaintiff seeks the court to order Defendants to provide plaintiff with copies of his “medical records from July 28, 2010 and ongoing,” including medical kites, grievances, etc. Defendants have opposed the motion (Doc. # 65), on the grounds that Plaintiff has not served any discovery requests on Defendant Bannister. Defendants further note that the documents Plaintiff seeks are available without the need for discovery. (Id.) The court concurs with Defendants’ objections. Also, to the extent Plaintiff’s motion is a discovery “motion” and not an untimely discovery request disguised as a motion, Plaintiff has failed to satisfy the “meet and confer” requirements of LR 26-7 to attempt to informally resolve the discovery dispute before bringing a motion to the court. Plaintiff’s motion (Doc. # 62) is DENIED. IT IS SO ORDERED. LANCE S. WILSON, CLERK By: /s/ Deputy Clerk

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