Libertarian Party of Ohio et al v. Husted

Filing 206

ORDER denying 200 Motion Request for Instructions by Intervenor Defendant Gregory A Felsoci. Signed by Magistrate Judge Terence P Kemp on 9/18/2014. (agm1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

Libertarian Party of Ohio,
et al.,
Plaintiffs,
v.

:
:
:

Jon Husted, et al.,
Defendants.

Case No. 2:13-cv-953

:

JUDGE MICHAEL H. WATSON
Magistrate Judge Kemp

:
ORDER

Intervening party Gregory Felsoci has filed a document
entitled “Intervening Defendant Gregory Felsoci’s Request for
Instructions” (Doc. 200).

In it, he requests guidance from the

Court as to how to respond to document requests served on him by
Plaintiffs.
While the Court appreciates Mr. Felsoci’s effort to bring a
potential discovery dispute to the Court’s attention, it is aware
of no authority, in the Rules of Civil Procedure or elsewhere,
for the issuance of written advice to counsel about a discovery
matter that has not ripened to the point of a motion to compel or
motion for a protective order, and about which there is no
evidence that counsel have conferred.

Counsel is free to follow

the procedure set forth in Local Civil Rule 37.1 by seeking an
informal conference with the Court following the exhaustion of
extrajudicial means for resolving any dispute, but the request
for instructions appears to be both improper and premature.

That

request (Doc. 200) is therefore denied.
Any party may, within fourteen days after this Order is
filed, file and serve on the opposing party a motion for
reconsideration by a District Judge.

28 U.S.C. §636(b)(1)(A),

Rule 72(a), Fed. R. Civ. P.; Eastern Division Order No. 14-01,
pt. IV(C)(3)(a).

The motion must specifically designate the

order or part in question and the basis for any objection.
Responses to objections are due fourteen days after objections
are filed and replies by the objecting party are due seven days
thereafter.

The District Judge, upon consideration of the

motion, shall set aside any part of this Order found to be
clearly erroneous or contrary to law.
This order is in full force and effect even if a motion for
reconsideration has been filed unless it is stayed by either the
Magistrate Judge or District Judge.

S.D. Ohio L.R. 72.3.

/s/ Terence P. Kemp
United States Magistrate Judge

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