Ballard v. NC Dept. of Public Safety et al

Filing 49

ORDER denying 46 Motion to Compel to the extent that discovery period had not commenced when plf filed the motion. Signed by Chief Judge Frank D. Whitney on 2/25/2015. (Pro se litigant served by US Mail.)(cbb)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:13-cv-175-FDW
ROBERT S. BALLARD,

)
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Plaintiff,
)
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vs.
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NC DEPARTMENT OF
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PUBLIC SAFETY,
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MARTA M. KALINSKI, Doctor,
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PAULA SMITH, Doctor, Director of
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Health Services,
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)
Defendants.
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___________________________________ )

ORDER

THIS MATTER is before the Court on Plaintiff’s Motion to Compel Discovery, (Doc.
No. 46). In support of the motion, Plaintiff asserts that he has served various discovery requests
on Defendant Kalinski, but that Defendant has not responded to the requests. When Plaintiff
filed the motion to compel, the discovery period had not commenced; thus, Defendant was under
no obligation to respond to Plaintiff’s discovery requests at that time. The Court has now
entered a pretrial order and case management plan and discovery has now commenced. Thus,
Plaintiff may wish to re-serve his discovery requests on Defendant at this time.
IT IS, THEREFORE ORDERED that Plaintiff’s Motion to Compel, (Doc. No. 46) is
DENIED to the extent that the discovery period had not commenced when Plaintiff filed the
motion.
Signed: February 25, 2015

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