Opinion
Civil Action No. 11-cv-02033-MSK-KLM
04-20-2012
CHARLES A. BALDWIN, Plaintiff, v. UNITED STATES OF AMERICA, Defendant.
MINUTE ORDER
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff's Motion to Amend Restirction [sic] on Number of Discovery Requests [Docket No. 45; Filed April 18, 2012] (the "Motion"). Plaintiff asks the Court for permission to serve twenty Requests for Production, in addition to the requests he has already served, which may exceed the limit stated in the Scheduling Order (twenty-five Requests for Production per side). Sched. Ord., [#16] at 8.
IT IS HEREBY ORDERED that Plaintiff's Motion is DENIED WITHOUT PREJUDICE
as premature. Plaintiff asks the Court to anticipate and potentially bypass the Special Master's adjudication of the number of discovery requests propounded by Plaintiff to date in this lawsuit. A Scheduling Order may only be modified on a showing of good cause. Fed. R. Civ. P. 16(b)(4). Plaintiff's speculation as to the Special Master's determination does not constitute good cause. If the Special Master determines that Plaintiff's discovery requests exceed the limitations stated in the Scheduling Order, Plaintiff may resubmit his motion seeking additional discovery requests to the Court, and he must demonstrate good cause to modify the ordered limits specifically as to each additional proposed discovery request.