Free Order on Motion for Miscellaneous Relief - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 City of Mesa; et. al., 13 Defendants. 14 15 Currently before the Court is Plaintiff's Request for an Order to Produce Documents, 16 (Dkt. #60); and Plaintiff's Request to Set this Matter for a Jury Trial. (Dkt. #59). 17 In his request to produce documents, Plaintiff merely states he has requested "items," 18 and although Defendant refers to these "items," Defendant has yet to produce the "items." 19 Based on this representation, it is unclear to the Court what discovery Plaintiff is seeking, 20 whether the information is relevant and discoverable, and whether it is in the possession and 21 control of Defendants. Defendants response indicates Plaintiff is likely seeking audiotapes 22 and pictures from the scene of his arrest, for which Plaintiff alleges Defendant used excessive 23 force. However, during a March 31, 2005 status conference and again in its response to the 24 instant motion, Defendants have indicated any audiotapes were lost and that no pictures were 25 taken of the scene. Accordingly, the Court will deny Plaintiff's request for a $2,000 sanction 26 pursuant to Rule 37(c)(2). 27 28
Case 2:03-cv-01630-MHM Document 63 Filed 11/03/2005 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Jamie A. Anderson, Plaintiff, vs.

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No. CIV-03-1630-PHX-MHM ORDER

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In regards, to Plaintiff's request to set this matter for a jury trial. Currently, pending in this case is Defendant's motion for summary judgment. Should the resolution of the summary judgment motion be favorable to Plaintiff, then the Court will set this matter for trial at that time. Accordingly, IT IS HEREBY ORDERED Plaintiff's Request for an Order to Produce Documents is DENIED. (Dkt. #60) IT IS FURTHER ORDERED Plaintiff's Request to Set this Matter for a Jury Trial. is DENIED. (Dkt. #59).

DATED this 3rd day of November, 2005.

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