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United States District Court

Northern District of California

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

KRISTIAN M. GERMANI, et al.,

Plaintiffs,

v.

SAFEWAY GROCERY, et al.,

Defendants.

Case No. 17-cv-00742-JCS 

ORDER TO SHOW CAUSE WHY CASE 

SHOULD NOT BE DISMISSED FOR 

FAILURE TO PAY FILING FEE

ORDER DENYING WITHOUT 

PREJUDICE MOTION TO COMPEL

Re: Dkt. Nos. 2, 3

Plaintiffs Kristian Germani and Donald Collier, pro se, seek leave to proceed in forma 

pauperis. Plaintiffs have submitted a single application signed by Germani. See dkt. 3. If 

Plaintiffs wish to pursue this action without paying the filing fee, each plaintiff must submit a 

separate application demonstrating his or her inability to pay. Plaintiffs are therefore ORDERED 

TO SHOW CAUSE no later than March 8, 2017 why the case should not be dismissed for 

failure to pay the filing fee, by either (1) filing a separate application signed by Collier and 

addressing his financial circumstances, or (2) paying the filing fee. If Collier files an application 

demonstrating his inability to pay the filing fee, the Court will then consider the sufficiency of the 

complaint pursuant to 28 U.S.C. § 1915(e)(2)(B) and whether service should be ordered pursuant 

to 28 U.S.C. § 1915(d). 

Plaintiffs have also filed a motion to compel, seeking access to a video recording of the 

events in question. See dkt. 2. As the Honorable Elizabeth Laporte stated in another case in 

which Germani filed an early motion to compel:

In general, no discovery is permitted until the parties have engaged 

in the meet and confer process. See Fed. R. Civ. P. 26(d). Further, a 

motion to compel is normally only proper after a party fails to 

respond to discovery requests that have been served on it. See Fed. 

R. Civ. P. 37(a). Here, it appears that Defendants have not yet been 

Case 3:17-cv-00742-JD Document 5 Filed 02/22/17 Page 1 of 2
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United States District Court

Northern District of California

served in this case, and discovery has not opened. Therefore, the 

motion to compel is denied without prejudice.

Germani v. State Farm Ins. Co., No. C-14-03378 EDL, ECF Doc. No. 7 (N.D. Cal. Aug. 19, 

2014). For the same reasons discussed in that case, Plaintiffs’ present motion to compel is also 

DENIED WITHOUT PREJUDICE.

Plaintiffs, who are not represented by counsel, are encouraged to consult with the Federal 

Pro Bono Project’s Legal Help Center in either of the Oakland or San Francisco federal 

courthouses for assistance. The San Francisco Legal Help Center office is located in Room 2796 

on the 15th floor at 450 Golden Gate Avenue, San Francisco, CA 94102. The Oakland office is 

located in Room 470-S on the 4th floor at 1301 Clay Street, Oakland, CA 94612. Appointments 

can be made by calling (415) 782-8982 or signing up in the appointment book located outside 

either office. Lawyers at the Legal Help Center can provide basic assistance to parties 

representing themselves but cannot provide legal representation.

IT IS SO ORDERED.

Dated: February 22, 2017

______________________________________

JOSEPH C. SPERO

Chief Magistrate Judge

Case 3:17-cv-00742-JD Document 5 Filed 02/22/17 Page 2 of 2