Hamlet v. Nutec Coatings, No. 1:2009cv00183 - Document 7 (N.D. Ind. 2009)
Court Description: OPINION AND ORDER DENYING 6 MOTION to Compel filed by James M Hamlet. Signed by Magistrate Judge Roger B Cosbey on 7/23/09. (jcp)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA FORT WAYNE DIVISION JAMES M. HAMLET, ) ) ) ) ) ) ) ) ) Plaintiff, v. NUTEC COATINGS, Defendant. CAUSE NO. 1:09-cv-183 OPINION AND ORDER Plaintiff James M. Hamlet, who is pro se, filed a motion on July 20, 2009 requesting that the Court order the Fort Wayne Metropolitan Human Relations Commission (Metro) to mail him a copy of Defendant s written response. (Docket # 6.) Hamlet contends that he needs the information to assist him in the litigation. Federal Rule of Civil Procedure 26(d)(1) provides, however: A party may not seek discovery from any source before the parties have conferred as required by Rule 26(f), except in [certain inapplicable proceedings], or when authorized by these rules, by stipulation, or by court order. Accordingly, Hamlet s motion is at least premature given that counsel for the Defendant have not yet appeared and that therefore, the parties have not conferred as required by Federal Rule of Civil Procedure 26(f). Moreover, the Court sees no basis for authorizing this discovery at this time. Therefore, Hamlet s motion is DENIED. SO ORDERED Enter for this 23rd day of July, 2009. S/Roger B. Cosbey Roger B. Cosbey, United States Magistrate Judge
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