TORRES
v.
ZINGALE
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The court denied the plaintiff's motion to compel discovery because discovery had not yet opened in the case.
The pro se plaintiff filed a motion to compel defendants to respond to discovery requests he claimed to have attached to his original complaint. The c…
The full statement of facts, procedural history, and disposition for this case are member content.
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to respond to discovery that he contends he attached to his original complaint. Doc. No. 24. The motion is due to be denied because discovery has not yet opened in this case. See Fed. R. Civ. P. 26(d)(1) (“A party may not seek discovery from any source before the parties have conferred as required by Rule 26(f). ...”); Fed. R. Civ. P. 26(f) (setting forth the requirements and timing for a case management conference). It does not appear that the parties have yet conducted their case
management conference, and no case management report has yet been filed -
indeed, it appears that several Defendants have not yet been served or made an
appearance in this case. Thus, discovery has not yet commenced, and the motion to compel (Doc. No. 24) is DENIED. Plaintiff is again reminded that a pro se litigant “is subject to the relevant law and rules of court, including the Federal Rules of Civil Procedure.” Moon v. Newsome, 863 F. 2d 835, 837 (11th Cir.), cert. denied, 493 U.S. 863 (1989).
DONE and ORDERED in Orlando, Florida on October 24, 2022.
LESLIE NOFFMAN PRICE
UNITED STATES MAGISTRATE JUDGE
Copies furnished to: Counsel of Record
Unrepresented Parties
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Moon v. Lanson Newsome, 863 F.2d 835 (11th Cir. 1989)
- Moon v. Newsome, 493 U.S. 863 (U.S. 1989)