Opinion
Civil Action No. 06-cv-00405-MSK-BNB.
September 21, 2007
ORDER
This matter is before me on the following motions filed by the plaintiff on September 17, 2007 (the "Motions"):
1. Motion for Discovery [Doc. #83];
2. Motion for Notice and Order [Doc. #84]; and
3. Motion and Notification of Depositions [Doc. #86].
In his Motion for Notice and Order, the plaintiff "requests this court to issue its order warning the defendant's [sic] their agents and/or employees to cease and desist any and all attempts to intefer [sic] or impede with the plaintiff's access to the courts and that any further attempts will be meted out with contempt citations and sanctions or any other actions this court deems just and proper." The plaintiff's request is DENIED.
In his Motion for Discovery, the plaintiff seeks various discovery materials from the defendants. Accordingly, I construe the Motion as a request for an order compelling the defendants to produce discovery. In his Motion and Notification of Depositions, he requests that the Court subpoena 33 individuals so that he can take their depositions.
The plaintiff filed his Second Amended Complaint on August 22, 2006. The defendants filed their Answer on August 6, 2007. This case is set for a preliminary Scheduling Conference on October 18, 2007. It is premature for the parties to engage in discovery. Fed.R.Civ.P. 26(d).
In addition, the rules of civil procedure permit a party to file a motion to compel only after attempts to obtain discovery pursuant to the appropriate rules of discovery have failed. Fed.R.Civ.P. 37. Before motions to compel are proper, the plaintiff must first attempt to obtain discovery pursuant to the rules.
IT IS ORDERED that the Motions are DENIED.