Opinion
No C 09-3509 VRW.
April 20, 2010
ORDER
The parties have submitted letters to the court concerning an ongoing dispute whether plaintiff should be able to conduct jurisdictional discovery in opposition to defendants' motion to dismiss under FRCP 12(b)(1). Doc ##25, 26, 28. Plaintiff seeks to conduct discovery to show that defendants continually failed to act on plaintiff's administrative claims. Doc #25 at 2.
Because plaintiff has not shown the discovery sought is necessary to oppose the motion, plaintiff's request for jurisdictional discovery is DENIED. The court will hear defendants' motion to dismiss as scheduled on June 10, 2010 at 10 AM. Plaintiff may, however, file an affidavit, similar in form to an FRCP 56(f) affidavit, outlining his need for jurisdictional discovery as part of his opposition to defendants' motion to dismiss. See Gualandi v Adams, 385 F3d 236, 244 (2d Cir 2004).
IT IS SO ORDERED.