IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

COREY O. WHITE : CIVIL ACTION

:

vs. :

:

CITY OF PHILADELPHIA. et al. : No. 02-4066

Order

 And now, this day of , 2003, upon consideration of the Plaintiff's

Motion Requesting an Order for the Production of Documents and Things pursuant to

Fed.R.Civ.P. 34(b) and Defendants' response thereto, it is hereby Ordered and Decreed that said

Motion is Denied. 

By the Court:

 

 Norma L. Shapiro, J.

Case 2:02-cv-04066-NS Document 21 Filed 01/10/2003 Page 1 of 6
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

COREY O. WHITE : CIVIL ACTION

:

vs. :

:

CITY OF PHILADELPHIA. et al. : No. 02-4066

DEFENDANTS' RESPONSE TO PLAINTIFF'S MOTION REQUESTING AN ORDER

FOR THE PRODUCTION OF DOCUMENTS AND THINGS 

PURSUANT TO FED.R.CIV.P. 34(b)

TO THE CLERK OF THE COURT:

Defendants, by and through the undersigned counsel, hereby file the enclosed response to

Plaintiff's Motion Requesting an Order for the Production of Documents and Things pursuant to

Fed.R.Civ.P. 34(b). A Memorandum of Law dated January 10, 2003 in support of this Response

is attached hereto.

 

Robin B. Arnold

Deputy City Solicitor

Attorney I.D. #59477

City of Philadelphia Law Department

1515 Arch Street, 14th Floor

Philadelphia, PA 19102

(215) 683-5447

(215) 683-5347 (Fax)

Dated

Case 2:02-cv-04066-NS Document 21 Filed 01/10/2003 Page 2 of 6
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

COREY O. WHITE : CIVIL ACTION

:

vs. :

:

CITY OF PHILADELPHIA. et al. : No. 02-4066

DEFENDANTS' RESPONSE TO PLAINTIFF'S MOTION REQUESTING AN ORDER

FOR THE PRODUCTION OF DOCUMENTS AND THINGS 

PURSUANT TO FED.R.CIV.P. 34(b)

Under the Federal Rules of Civil Procedure, discovery requests are to be served on

parties and are not to be filed with the court. Plaintiff in the instant action is seeking a court

order to serve discovery, which is impermissible under the Rules. Plaintiff has never served

undersigned counsel with the discovery request in question-a Request for Production of

Documents pursuant to Federal Rule of Civil Procedure 34(b)-before seeking court intervention

in the form of the instant Motion. Accordingly, Plaintiff's Motion should be denied.

Furthermore, Plaintiff should be directed to serve undersigned counsel with the Request for

Production of Documents that is the subject of this Motion, or any discovery requests in the

future without filing the requests with the court or requesting court approval. 

Case 2:02-cv-04066-NS Document 21 Filed 01/10/2003 Page 3 of 6
Wherefore, Defendants respectfully request that this Court deny Plaintiff's Motion

Requesting an Order for the Production of Documents and Things pursuant to Fed.R.Civ.P.

34(b).

Respectfully submitted,

 

Robin B. Arnold

Deputy City Solicitor

Attorney I.D. #59477

City of Philadelphia Law Department

1515 Arch Street, 14th Floor

Philadelphia, PA 19102

(215) 683-5447

Dated: 1/10/03 (215) 683-5347 (Fax)

Case 2:02-cv-04066-NS Document 21 Filed 01/10/2003 Page 4 of 6
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

COREY O. WHITE : CIVIL ACTION

:

vs. :

:

CITY OF PHILADELPHIA. et al. : No. 02-4066

CERTIFICATE OF SERVICE

Robin B. Arnold hereby certifies that service of a true and correct copy of the Defendants'

Response to Plaintiff's Motion Requesting an Order for the Production of Documents and Things

pursuant to Fed.R.Civ.P. 34(b) was made on the 10th day of January, 2003 to the plaintiff, pro se,

by First Class United States Mail.

Corey O. White, Pro Se

EB 0632 PP# 655200

SCI -Graterford

P.O. Box 244

Graterford, PA 19426-0244

 

Robin B. Arnold

Deputy City Solicitor

Attorney I.D. #59477

City of Philadelphia Law Department

1515 Arch Street, 14th Floor

Philadelphia, PA 19102

(215) 683-5447

Dated: 1/10/03 (215) 683-5347 (Fax)

Case 2:02-cv-04066-NS Document 21 Filed 01/10/2003 Page 5 of 6
Case 2:02-cv-04066-NS Document 21 Filed 01/10/2003 Page 6 of 6