Gaede v. Podrebarac et al

Filing 23

ORDER by Magistrate Judge Charles S. Miller, Jr. denying 21 Motion to Compel without prejudice. (BG) Distributed to pro se plaintiff on 8/25/2011 (jd).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHWESTERN DIVISION
Dennis James Gaede,
Plaintiff,
vs.
James To Podrebarac, Leann Bersch,
Warren Emmer, Tim Schuetzle, and
Kathy Bachmeier,
Defendants.

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ORDER DENYING PLAINTIFF’S
MOTION TO COMPEL DISCOVERY
WITHOUT PREJUDICE

Case No. 1:10-cv-070

On July 27, 2011, plaintiff filed a Motion for Discovery. He seeks an order from the court
compelling defendants to respond to interrogatories and production requests that are attached to his
motion.
On August 3, 2011, defendants filed a response to plaintiff’s motion. They advise the court
that they were not previously served with plaintiff’s discovery requests. They further indicated that
they intend to respond to plaintiff’s discovery requests in accordance with the applicable procedural
rules.
Consequently, plaintiff’s motion to compel appears to be premature. Defendants only
recently received plaintiffs’ discovery requests and have indicated that they are in the process of
formulating their responses. Accordingly, plaintiff’s motion (Docket No. 21) is DENIED without
prejudice.
IT IS SO ORDERED.
Dated this 24th day of August, 2011.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court