Green v. Central Ohio Transit Authority et al

Filing 13

ORDER striking doc #12 . Signed by Magistrate Judge Elizabeth Preston Deavers on 3/29/2013. (er1)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION TERESA D. GREEN, Plaintiff, Civil Action 2:13-v-41 Judge Peter C. Economus Magistrate Judge Elizabeth P. Deavers v. CENTRAL OHIO TRANSIT AUTHORITY, et al., Defendants. ORDER On March 28, 2013, Plaintiff filed a Witness List with the Court. (ECF No. 12.) The Court did not order Plaintiff to file her Witness List. Nor has she utilized the Witness List in a court proceeding. Plaintiff has thus violated Rule 5(d)(1), which provides in pertinent part that “disclosures under Rule 26(a)(1) or (2) and the following discovery requests and responses . . . must not be filed until they are used in the proceeding or the court orders filing . . . .” Fed. R. Civ. P. 5(d)(1). The Court, therefore, STRIKES ECF Number 12. Additionally, Plaintiff is DIRECTED to cease filing the types of documents set forth in Rule 5(d)(1) until they are used in a proceeding or the Court orders otherwise. The Court notes, however, that striking Plaintiff’s Witness List from the docket “does not prevent [it] from being effective.” Valente v. Univ. of Dayton, No. 3:08-cv-225, 2009 WL 2132631, at *1 (S.D. Ohio, July 13, 2009). IT IS SO ORDERED. Date: March 29, 2013 /s/ Elizabeth A. Preston Deavers Elizabeth A. Preston Deavers United States Magistrate Judge 2

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