UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
May 18, 2011
J. IVES, ET AL.,
The opinion of the court was delivered by: Cathy Ann Bencivengo United States Magistrate Judge
ORDER DENYING WITHOUT PREJUDICE MOTION TO COMPEL DISCOVERY [Doc. No. 26]
On May 18, 2011, plaintiff filed a motion for order compelling discovery. [Doc. No. 26.] In the motion, plaintiff seeks an order compelling the production of certain records and information. However, there is no evidence that a) plaintiff has propounded a written discovery request on defendants and b) defendants either failed to respond to the discovery request or provided an insufficient response. See Fed. R. Civ. P. 37(a)(3)(B), (4); James v. Wash. Depot Holdings, Inc., 240 FRD 693, 694-695 (S.D. Fla. 2006). Given that there is no underlying discovery request upon which this court can rule, the motion is DENIED WITHOUT PREJUDICE.
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