Castillo v. CBCC Superintendent et al

Filing 16

ORDER denying 14 motion for order compelling discovery, signed by Magistrate Judge J Richard Creatura.**2 PAGE(S), PRINT ALL**(Javier Castillo, Prisoner ID: 988570)(CMG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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JAVIER CASTILLO,
Plaintiff,

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CASE NO. 3:17-cv-05701-RJB-JRC
ORDER DENYING MOTION TO
COMPEL

v.
CBCC SUPERINTENDENT, et al.,
Defendants.

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The District Court has referred this action, filed pursuant to 42 U.S.C. § 1983, to United

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States Magistrate Judge J. Richard Creatura. Plaintiff Javier Castillo has filed a “motion for order

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compelling discovery.” Dkt. 14.

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A motion to compel is appropriate to force an opposing party to make a disclosure

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pursuant to Federal Rule of Civil Procedure 26, or to respond to written or oral discovery

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requests. Fed. R. Civ. P. 37(a)(3). For purposes of such a motion, “an evasive or incomplete

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disclosure, answer, or response must be treated as a failure to disclose, answer, or respond.” Fed.

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R. Civ. P. 37(a)(4). Rule 37(a)(1) of the Federal Rules of Civil Procedure requires that a party

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ORDER DENYING MOTION TO COMPEL - 1

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seeking to compel discovery include in the motion a certification that the moving party “has in

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good faith conferred or attempted to confer” with the party failing to make disclosures.

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Plaintiff’s motion to compel does not actually request any discovery. See Dkt. 14. Rather,

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plaintiff provides a list of a number of documents that he has attached to his motion, seemingly

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in support of his complaint. Plaintiff has not alleged that defendants have failed to produce

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discovery and he has not explained whether he has provided them with any interrogatories or

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other discovery instruments. The Court is unclear what relief, if any, plaintiff seeks from the

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Court, but an order compelling discovery is not the appropriate remedy.

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As such, the motion for an order compelling discovery (Dkt. 14) is denied.
Dated this 18th day of May, 2018.

A

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J. Richard Creatura
United States Magistrate Judge

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ORDER DENYING MOTION TO COMPEL - 2