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)

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

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