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- ilcd;;1:17-cv-01176_de61 RegisterActionDate "2018-05-25" @default.
- ilcd;;1:17-cv-01176_de61 RegisterActionDescriptionText "TEXT ORDER entered by Judge Colin Stirling Bruce on 5/25/2018. Plaintiff's motion to compel 46 is DENIED. Plaintiff asks the Court to compel Defendants to provide him with certain letters, photographs, and video evidence that he sought pursuant to a request for production of documents. Defendants object to Plaintiff's motion based upon his failure to meet and confer prior to filing his motion to compel and based upon Plaintiff's failure to attempt to resolve the dispute with defense counsel prior to filing this motion. Defendants also take issue with the tone of Plaintiff's motion. Contrary to Defendants' argument, Plaintiff was not required to meet and confer prior to filing his motion to compel. Local Rule 37.1 clearly provides: "The requirement of Rule 37(a)(1) that the parties confer and attempt to resolve discovery disputes and so certify as part of any motion to compel do not apply to cases in which the plaintiff is incarcerated." Id. Plaintiff is incarcerated, and therefore, he was not required to meet and confer prior to filing his motion to compel. Nevertheless, Plaintiff's motion to compel is denied because Defendants have represented, both in their response and in letters that Plaintiff has attached to his motion to compel, that they have produced all responsive documents, including video evidence. The Court cannot require Defendants produce what they do not possess or what no longer exists. Accordingly, Plaintiff's motion is denied. (KE, ilcd) (Entered: 05/25/2018)" @default.
- ilcd;;1:17-cv-01176_de61 AdministrativeID "None" @default.
- ilcd;;1:17-cv-01176_de61 hasReferenceToOtherEntry ilcd;;1:17-cv-01176_de56 @default.