Opinion
No. CIV S-09-3612 GEB EFB PS.
February 10, 2010
ORDER
Plaintiff is proceeding pro se in this action, which was referred to the undersigned pursuant to Eastern District of California Local Rule 302(c)(21). See 28 U.S.C. § 636(b)(1). On January 13, 2010, plaintiff filed a first amended complaint in this fee-paid action, and on February 4, 2010 filed a motion to compel defendants to produce documents. Dckt. Nos. 5, 8. Also on February 4, 2010, plaintiff filed a motion to stop all collection activities and foreclosure. Dckt. No. 10.
Neither of plaintiff's motions comply with the notice requirements set forth in the Local Rules. See E.D. Cal. L.R. 230, 251. Additionally, although plaintiff seeks to compel defendants to produce documents, Federal Rule of Civil Procedure 26(d)(1) provides that "[a] party may not seek discovery from any source before the parties have conferred as required by Rule 26(f). . . ." Further, although plaintiff filed a motion "to stop Defendant(s) from all collection activities and foreclosure on plaintiff's property," plaintiff has not complied with the procedural requirements for injunctive relief set forth in Federal Rule of Civil Procedure 65 and Local Rule 231, and has not shown that he is entitled to injunctive relief. Therefore, both of plaintiff's motions will be denied without prejudice.
It also does not appear that plaintiff has served defendants with a proper request for production of documents pursuant to Federal Rule of Civil Procedure 34.
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff's motion to compel, Dckt. No. 8, is denied; and
2. Plaintiff's motion to stop all collection activities and foreclosure, Dckt. No. 10, is denied without prejudice.
This order does not impact defendants' motion to dismiss, which is currently scheduled for hearing on March 10, 2010. Dckt. No. 9.
SO ORDERED.