Proctor v. Van Horn et al

Filing 18

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb, on 4/12/2013, DENYING Plaintiff's 17 Motion to Compel. (Copies have been distributed pursuant to the NEF - KR)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

CHARLES JUAN PROCTOR,

)
)
Plaintiff,
)
vs.
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)
DR. VAN HORN, et al.,
)
)
Defendants
)
___________________________________ )

3:12-cv-00328-LRH-WGC
MINUTES OF THE COURT
April 12, 2013

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” (Doc. #17) wherein he asks the court “to
order the Nevada Department of Corrections to identify the two (2) employees who signed the
attached medical kites.” (Id.)
The request contained in Plaintiff’s motion is one which is more suited to a discovery
request. Discovery is only allowed after the court’s entry of a scheduling order, which itself is only
entered after the filing of a defendant’s answer. The docket herein reflects that on 3/26/13 counsel
for the defendants filed a Notice of Acceptance of Service (Doc. # 16) on behalf of Defendants
Karen Gedney and John VanHorn in response to this court’s order of 3/25/13 (see Doc. # 15.).
Pursuant to the terms of that order, once a notice of acceptance of service has been filed, the
defendants for whom the Attorney General accepted service will have 60 days from the date of the
order (i.e., until 5/25/13) within which to respond to Plaintiff’s complaint. (Doc. # 15-2, ¶ 2.) When
defendants do appear, the court will issue a scheduling order. Local Rule 16-1(b). The entry of a
scheduling order will allow Plaintiff to undertake discovery at that time, including interrogatories
where Plaintiff may seek the identities of the authors of the “kites.”
Plaintiff’s motion (Doc. # 17) is DENIED.
IT IS SO ORDERED.
LANCE S. WILSON, CLERK

By:

/s/
Deputy Clerk