Moore v. Pantoja et al

Filing 54

ORDER denying 52 Second Motion to Compel. Signed by Magistrate Judge Charles B Goodwin on 03/08/2017. (jb)

UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
CHARLES LEE MOORE II,
Plaintiff,
v.
LT. PANTOJA et al.,
Defendants.

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Case No. CIV-15-688-HE

ORDER
This matter is before the Court on the pro se Plaintiff’s second motion to compel.
See Pl.’s Mot. (Doc. No. 52) at 1. Specifically, Plaintiff asserts that Defendant Pantoja,
who is the sole remaining defendant in this case, refuses to “directly and fully” answer ten
interrogatories that Plaintiff believes are relevant to his claim. Id. at 1, 2. Plaintiff certifies
that he has attempted in good faith to “confer[] with the person or party failing to make
disclosure or discovery in an effort to obtain it without court action.” Fed. R. Civ. P.
37(a)(1); see Pl.’s Mot. at 2-3.
Plaintiff has not provided the Court with a copy, or at least an adequate description,
of his proffered interrogatories and Defendant’s allegedly incomplete responses. See, e.g.,
Pl.’s Mot. at 2 ¶ 12 (“Defendant Pantoja can answer to the extent that he has personal
knowledge (Interrogatory #8).

For example, was Defendant Pantoja interviewed

himself.”). Without this information, the Court cannot determine whether Defendant
Pantoja can be compelled to produce the discovery that Plaintiff seeks. See generally Witt
v. GC Servs. Ltd. P’ship, 307 F.R.D. 554, 559-71 (D. Colo. 2014); Fed. R. Civ. P. 26(b)(1),

33(a)-(b), 37(a). Moreover, some of Plaintiff’s interrogatories appear to seek information
that is not relevant to Plaintiff’s sole remaining claim that Defendant Pantoja physically
assaulted Plaintiff on November 24, 2014. See Pl.’s Mot. at 2 ¶ 13 (“Defendant Pantoja
can answer whether female staff were present for the strip search of Plaintiff during the
cell search (Interrogatory #9).”).

Accordingly, Plaintiff’s second motion to compel

discovery responses (Doc. No. 52) is DENIED without prejudice to refiling.
IT IS SO ORDERED this 8th day of March, 2017.

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