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Faultry v. Saechao, 2:18-cv-1850 KJM AC P. (2019)

Court: District Court, E.D. California Number: infdco20190607d55 Visitors: 13
Filed: Jun. 06, 2019
Latest Update: Jun. 06, 2019
Summary: ORDER ALLISON CLAIRE , Magistrate Judge . Plaintiff has filed a "motion for discovery," identifying several matters that he seeks in discovery. See ECF No. 23. However, court authorization is not required to pursue discovery. Discovery requests should be served only on opposing parties (or third parties, by authorized subpoena if necessary). 1 Plaintiff's routine discovery requests, and defendants' responses to them, should be filed with the court only if plaintiff is dissatisfied with
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ORDER

Plaintiff has filed a "motion for discovery," identifying several matters that he seeks in discovery. See ECF No. 23. However, court authorization is not required to pursue discovery. Discovery requests should be served only on opposing parties (or third parties, by authorized subpoena if necessary).1 Plaintiff's routine discovery requests, and defendants' responses to them, should be filed with the court only if plaintiff is dissatisfied with the responses and seeks relief pursuant to the Federal Rules of Civil Procedure. In other words, discovery requests between the parties shall not be filed with the court unless, and until, they are at issue on a motion to compel.

Accordingly, IT IS HEREBY ORDERED that plaintiff's motion for discovery, ECF No. 23, is denied without prejudice.

FootNotes


1. Plaintiff's discovery requests may include the following: (1) requests for admission (yes-or-no statements of fact) directed to each defendant, see Fed. R. Civ. P. 36; (2) up to twenty-five interrogatories (questions) directed to each defendant, see Fed. R. Civ. P. 33; and (3) requests for copies of documents, electronically stored information, or other tangible evidence directed to each defendant, see Fed. R. Civ. P. 34.
Source:  Leagle

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