Ruston v. Church of Jesus Christ of Latter Day Saints et al

Filing 23

ORDER denying 4 Motion to Compel. Signed by Judge David Nuffer on 02/21/2007. (asp)

Ruston v. Church of Jesus Christ of Latter Day Saints et al

Doc. 23

Case 2:06-cv-00526-DB-DN

Document 23

Filed 02/22/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH

LESTER JON RUSTON, Plaintiff, vs. Case No: 2:06-CV-526 DB CHURCH OF JESUS CHRIST OF LATTERDAY SAINTS, et al., District Judge Dee Benson Defendants. Magistrate Judge David Nuffer ORDER DENYING EMERGENCY MOTION TO COMPEL RELIEF

Plaintiff Lester Jon Ruston has filed a motion entitled "Emergency Motion to Compel Relief."1 Although it is difficult to discern what Ruston seeks by this motion, the court construes it as a motion to compel production of certain documents. Ruston's motion must be denied because it is premature. The discovery phase of this litigation has not yet begun. Ruston's motion was filed before defendants had an opportunity to respond to the complaint. Defendants have filed a motion to dismiss2 which is presently pending. If defendants' motion is decided in Ruston's favor, after an answer is filed, the court will then enter an order allowing discovery to proceed. Discovery shall not be conducted before defendants' motion is resolved. At the appropriate time, the court will enter a scheduling order pursuant to Rule 16 of the Federal Rules

1

Emergency Motion to Compel Relief ("Motion"), Docket no. 4, filed July, 13, 2006. M o tio n to Dismiss, Docket no. 11, filed November 15, 2006.

2

Dockets.Justia.com

Case 2:06-cv-00526-DB-DN

Document 23

Filed 02/22/2007

Page 2 of 2

of Civil Procedure setting the time to complete discovery and other phases of the litigation. Ruston's Emergency Motion to Compel Relief3 is DENIED.

February 21, 2007. BY THE COURT:

_____________________________ David Nuffer U.S. Magistrate Judge

3

Docket no. 4, filed July 13, 2006. -2 -