From Casetext: Smarter Legal Research

Ware v. M. McDonald

United States District Court, Ninth Circuit, California, E.D. California
Jun 26, 2015
2:12-cv-1505 TLN KJN P (E.D. Cal. Jun. 26, 2015)

Opinion


MARTIN WARE, Plaintiff, v. M. McDONALD, et al., Defendants. No. 2:12-cv-1505 TLN KJN P United States District Court, E.D. California. June 26, 2015

          ORDER

          KENDALL J. NEWMAN, Magistrate Judge.

         On June 22, 2015, plaintiff filed a document in the form of a memo or letter, with the subject line: "Discovery evidence." (ECF No. 84.) Plaintiff states that he received defendant Hanks' response to plaintiff's request for production of documents, but claims he did not receive the "genuineness of documents" or actual copies as requested in the request for admissions made to defendant Hanks. However, plaintiff suggests he might not have properly drafted the request or requests.

Plaintiff is advised that requests for admissions are not the proper discovery tool to obtain documents. Fed.R.Civ.P. 36. Rather, generally, documents are obtained through requests for production of documents. Fed.R.Civ.P. 34.

         If plaintiff believes he did not receive a response that he should have, or that his request was unclear, he is not precluded from writing to defendants' counsel in an effort to resolve the misunderstanding. But if plaintiff formally disputes discovery responses, he must file a motion to compel discovery if he seeks the court's ruling on the dispute. Fed.R.Civ.P. 37(a). Plaintiff is reminded that discovery closes on July 24, 2015. (ECF No. 75 at 5.)

         Accordingly, IT IS HEREBY ORDERED that plaintiff's June 22, 2015 filing is retained in the court record and disregarded.


Summaries of

Ware v. M. McDonald

United States District Court, Ninth Circuit, California, E.D. California
Jun 26, 2015
2:12-cv-1505 TLN KJN P (E.D. Cal. Jun. 26, 2015)
Case details for

Ware v. M. McDonald

Case Details

Full title:MARTIN WARE, Plaintiff, v. M. McDONALD, et al., Defendants.

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: Jun 26, 2015

Citations

2:12-cv-1505 TLN KJN P (E.D. Cal. Jun. 26, 2015)