Zavala v. Whitmire et al

Filing 13

ORDER DENYING 11 Motion to Produce. Signed by Judge Nancy Stein Nowak. (rf) Modified on 9/27/2010, to correct signing Judge (rf).

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Zavala v. Whitmire et al Doc. 13 UNITED STATES DISTRICT COURT F O R THE WESTERN DISTRICT OF TEXAS SA N ANTONIO DIVISION M A R K ANTHONY ZAVALA, P la in ti f f , v. JO H N WHITMIRE, Senator; B R Y A N COLLIER, Division Director, P arole Division; B R A D LIVINGSTON, E x ecutive Director, TDCJ; N O R M A GREENFIELD, R egion IV Director, D e f e n d a n t s. C IV IL ACTION NO. SA-10-C V -0611 FB (NN) O R D E R DENYING MOTION TO PRODUCE (DOCKET ENTRY 11) T he matter before the Court is plaintiff's motion to produce documents (docket entry 11). The defendants from whom plaintiff has requested production have not yet been served. The Federal Rules of Civil Procedure provide a mechanism for the parties to exchange information relevant to their dispute without court involvement. Only when a party refuses to produce relevant info rm ation is a motion to compel production properly presented to the Court for resolution. See Federal Rules of Civil Procedure 26 to 37. A ccordingly, the motion to produce is DENIED as prematurely filed. If, after plaintiff requests defendants produce the listed documents and other matters, defendants refuse or object to the request, plaintiff can then file a motion to compel production. SIG N E D on September 27, 2010. _____________________________________ N AN C Y STEIN NOWAK U NIT E D STATES MAGISTRATE JUDGE

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