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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Paul E. Rhodes,
) ) Plaintiff, ) ) vs. ) ) Quirino Valeras, et al., ) ) Defendants. ) ______________________________)
CV 04-644-PHX-JAT (MS)
ORDER
Pending before the Court is Plaintiff's "Motion to Correct Discovery Issues" (Doc.
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# 47) and Defendants' Response thereto (Doc. # 48). Plaintiff requests that this Court
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intervene and compel Defendants to produce discovery requested by Plaintiff.
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Defendants aver that Plaintiff has complied with FED. R. CIV. P. 37(c) and
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contacted Defendants in a good faith effort to resolve the discovery disputes and, as a
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result, are in the process of responding to Plaintiff's requests.
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Because Defendants maintain that they are actively working on Plaintiff's
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discovery requests, the Court will deny Plaintiff's motion without prejudice. If this matter
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is not resolved after Defendants' have responded to Plaintiff's requests, then Plaintiff
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may submit another motion to the Court to resolve the discovery disputes.
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Accordingly,
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28 Case 2:04-cv-00644-JAT-LOA Document 49 Filed 12/06/2005 Page 1 of 2
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IT IS ORDERED THAT Plaintiff's "Motion to Correct Discovery Issues" (Doc. # 47) is DENIED without prejudice.
DATED this 5th day of December, 2005.
Case 2:04-cv-00644-JAT-LOA
2 Document 49
Filed 12/06/2005
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