Oravetz v. Parr

Filing 10

ORDER denying ECF No. 9 Motion for leave to Enter Discovery. Signed by Magistrate Judge William G. Cobb on 11/16/2020. (Copies have been distributed pursuant to the NEF - LW)

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Case 3:19-cv-00530-MMD-WGC Document 10 Filed 11/16/20 Page 1 of 2 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA Case No.: 3:19-cv-00530-MMD-WGC 3 BRANDON M. ORAVETZ, Order 4 Plaintiff Re: ECF No. 9 5 v. 6 J. PARR, et. al., 7 Defendants 8 9 Before the court is Plaintiff's Motion for leave to Enter Discovery. (ECF No. 9.) 10 The court has concurrently entered its post-stay order following the unsuccessful efforts 11 to settle this case at an early mediation conference, and ordered the complaint served on the 12 Office of the Attorney General. The court gave the Attorney General's Office 21 days to file a 13 notice advising the court of the defendants for whom it may accept service, and filing under seal 14 the last known address of those defendants for whom it does not accept service so that they may 15 be served. 16 Plaintiff's motion seeking discovery (ECF No. 9) is premature as no defendant has yet 17 formally appeared in this case. Moreover, once a defendant(s) does appear in the case, Plaintiff 18 should consult the Federal Rules of Civil Procedure and Local Rules pertaining to discovery and 19 should direct any discovery requests to the defendant's counsel, instead of filing it with the court. 20 See Fed. R. Civ. P. 5(d)(1)(A) and Local Rule 26-7 (providing that discovery requests and 21 responses must not be filed with the court until they are used in the proceeding (i.e., to support a 22 motion to compel discovery or a motion for protective order) or the court orders the filing). 23 Case 3:19-cv-00530-MMD-WGC Document 10 Filed 11/16/20 Page 2 of 2 1 2 For these reasons, Plaintiff's Motion for Leave to Enter Discovery (ECF No. 9) is 3 DENIED. 4 IT IS SO ORDERED. 5 Dated: November 16, 2020 6 _________________________________ William G. Cobb United States Magistrate Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2

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