Opinion
CV-15-00152-TUC-RM
03-21-2023
Louis Taylor, Plaintiff, v. County of Pima, et al., Defendants.
ORDER
HONORABLE ROSEMARY MARQUEZ UNITED STATES DISTRICT JUDGE
On March 10, 2023, Plaintiff's counsel emailed the undersigned's law clerk regarding purported discovery dispute matters and asked: (1) to depose Pima County Attorney Laura Conover; (2) for Pima County to produce a report by Professor Jack Chin and an unfiled Rule 24.2 motion to exonerate; (3) to depose Jack Chin; and (4) to provide a sealed declaration to the Pima County Attorney.
Discovery in this case closed on October 1, 2021. (Doc. 248.) Although discovery has been re-opened for a limited purpose, the scope of the re-opened discovery does not include the deposition of Conover or Chin, or the production of Chin's report or the Rule 24.2 motion. Accordingly, Plaintiff's Requests 1-3 should have been made in the form of a motion seeking to expand the scope of the re-opened discovery period. See Fed. R. Civ. P. 7(b)(1) (“A request for a court order must be made by motion”). Plaintiff's Request 4 should have been made in the form of a motion to clarify the Court's orders sealing the declaration and denying Defendants' Motion to Unseal. See id.
Furthermore, the Court's discovery dispute procedures require the parties to jointly call the undersigned's law clerk rather than email. (See Doc. 113 at 3.)
Accordingly, IT IS ORDERED that the Court declines to take any action regarding Plaintiff's emailed requests.