Parker v. Superintendent et al

Filing 32

ORDER denying in part the 29 Motion to file interrogatories. Defendants' 25 MOTION to Dismiss is re-noted for 9/28/19. The discovery deadline is extended to 9/26/2018. **SEE ORDER FOR DETAILS** Signed by Magistrate Judge David W. Christel.**3 PAGE(S), PRINT ALL**(Dennis Parker, Prisoner ID: 401585)(CMG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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DENNIS STEVEN RAY PARKER,

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Plaintiff,

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ORDER DENYING MOTION TO
FILE INTERROGATORIES

v.

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CASE NO. 3:18-cv-05093-BHS-DWC

DANIEL WHITE, et al.,
Defendants.

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

17 States Magistrate Judge David W. Christel. Presently pending before the Court is Plaintiff
18 Dennis Steven Ray Parker’s Motion to File Thirteen Interrogatories (“Motion”). Dkt. 29.
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I.

Background

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Plaintiff filed this action on February 5, 2018. Dkts 1, 9. He included ten John Doe

21 Defendants in his Complaint, but included only two named Defendants. Dkt. 9. The Court
22 ordered Plaintiff to show cause or provide a list of the names and contact information for the
23 unnamed Defendants. Dkt. 10. Plaintiff responded by filing interrogatories, which the Court
24 interpreted as Plaintiff’s inability to provide the names of his John Doe Defendants without
ORDER DENYING MOTION TO FILE
INTERROGATORIES - 1

1 additional information. Dkts. 11, 12. Because of this, the Court opened discovery for the limited
2 purpose of identifying Plaintiff’s John Doe Defendants. Dkt. 28. The court set the discovery
3 deadline at August 31, 2018, and informed Plaintiff he must send his interrogatories to
4 Defendants no later than August 1, 2018. Id.
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After the Court opened discovery, Plaintiff attempted several times to file interrogatories

6 requesting identifying information on his John Does Defendants with the Court. Dkt. events at
7 7/27/2018, 8/1/2018. However, the Clerk declined to file them pursuant to Local Civil Rule 5(b).
8 Plaintiff has now filed his Motion, asking “why are the limited [discoveries], and thirteen
9 interrogatories not being filed in this case,” even though the Court has authorized limited
10 discovery. Dkt. 5.
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II.

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Pursuant to local rule, the District Court’s electronic filing system may be used to serve

Discussion

13 documents on a party in a case. LCR 5(b). However, “Rule 26 initial disclosures and discovery
14 requests and responses must not be filed until they are used in the proceedings or the court orders
15 filing.” Id. (emphasis added). In other words, requests for discovery must be sent directly to the
16 party or the party’s attorney, and not to the Court.
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Here, Plaintiff asks why his interrogatories have not been filed in this case. Under LCR

18 5(b), his discovery requests may not be filed until they are used in the proceedings or the Court
19 orders they be filed. The Court has not yet ordered that they be filed, and, though he may later
20 use the information from the interrogatories if he amends his Complaint, they are not currently
21 being used in the proceedings. Thus, filing interrogatories with the Court is inappropriate at this
22 time. If Plaintiff wishes to serve his interrogatories on his named Defendants, he should send his
23 interrogatories directly to Defendants’ counsel through U.S. mail.
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ORDER DENYING MOTION TO FILE
INTERROGATORIES - 2

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III.

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Insofar as Plaintiff’s Motion requests clarification as to why his interrogatories have not

Conclusion

3 been filed, the Motion is granted and clarification provided in Section II supra. Insofar as
4 Plaintiff requests his interrogatories be filed in this case, his Motion is denied.
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Defendants do not oppose an extension of the limited discovery deadline to accommodate

6 Plaintiff sending his interrogatories to Defendants’ counsel. Therefore, the discovery deadline is
7 extended to September 26, 2018. Plaintiff must send any discovery requests to Defendants’
8 counsel no later than August 27, 2018.
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The Clerk is directed to renote Defendants’ Motion to Dismiss (Dkt. 25) to September 28,

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Dated this 13th day of August, 2018.

A

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David W. Christel
United States Magistrate Judge

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ORDER DENYING MOTION TO FILE
INTERROGATORIES - 3