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Joshua Payne v. John Wetzel

May 9, 2013

JOSHUA PAYNE,
PLAINTIFF,
v.
JOHN WETZEL, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Martin C. Carlson United States Magistrate Judge

(Judge Mariani)

(Magistrate Judge Carlson)

MEMORANDUM OPINION AND ORDER

I. Statement of Facts and of the Case

This case is a civil rights action filed by a state inmate. The defendants have not yet answered the plaintiff's amended complaint but have previously indicated that they intend to move to dismiss this action. In the meanwhile, the plaintiff has launched into active discovery, even prior to the filing of an answer in this lawsuit, and is now moving to compel responses to this discovery. (Doc. 33.) This course of conduct has, in turn, inspired, a motion to stay discovery by the defendants. (Doc. 37.) Because we believe that a more orderly course in this litigation would be to defer discovery pending the filing, and resolution, of any potentially dispositive motions, we will DENY the motion to compel (Doc. 33.) and GRANT the motion to stay. (Doc. 37.)

II. Discussion

Several basic guiding principles inform our resolution of the instant discovery dispute. At the outset, Rule 37 of the Federal Rules of Civil Procedure governs motions to compel discovery, and provides that:

(a) Motion for an Order Compelling Disclosure or Discovery

(1) In General. On notice to other parties and all affected persons, a party may move for an order compelling disclosure or discovery. . . .

Fed. R. Civ. P. 37(a).

The scope of what type of discovery may be compelled under Rule 37 is defined, in turn, by Rule 26(b)(1) of the Federal Rules of Civil Procedure, which provides as follows:

(1) Scope in General. Unless otherwise limited by court order, the scope of discovery is as follows: Parties may obtain discovery regarding any non-privileged matter that is relevant to any party's claim or defense -- including the existence, description, nature, custody, condition, and location of any documents or other tangible things and the identity and location of persons who know of any discoverable matter. For good cause, the court may order discovery of any matter relevant to the subject matter involved in the action. Relevant information need not be admissible at trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence. All discovery is subject to the limitations imposed by Rule 26(b)(2)( C ).

Fed. R. Civ. P. 26(b)(1).

Rulings regarding the proper scope of discovery, and the extent to which discovery may be compelled, are matters consigned to the court's discretion and judgment. Thus, it has long been held that decisions regarding Rule 37 motions are "committed to the sound discretion of the district court." DiGregorio v. First Rediscount Corp., 506 F.2d 781, 788 (3d Cir. 1974). Similarly, issues relating to the scope of discovery permitted under Rule 26 also rest in the sound discretion of the court. Wisniewski v. Johns-Manville Corp., 812 F.2d 81, 90 (3d Cir. 1987). Thus, a court's decisions regarding the conduct of discovery, and whether to compel disclosure of certain information, will be disturbed only upon a showing of an abuse of ...


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