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Olderham v. City of Hillsboro

May 24, 2006

TERRY OLDERHAM, PLAINTIFF,
v.
CITY OF HILLSBORO, ET AL., DEFENDANTS



The opinion of the court was delivered by: Black, M.J.

Spiegel, J.

ORDER

This civil case is before the Court on a pro se motion by plaintiff requesting defendants to produce "any and all" evidence, including evidence relating to the following: background checks on defendants and defendants' witnesses; a copy of plaintiff's deposition; radio messages sent at 3:00 a.m. on April 17, 2004; and cases defense counsel have done before and after that date. (See Doc. 25.)

Plaintiff's motion, construed as a motion to compel, lacks merit, in part, because he has failed to attach to the motion the affidavit required by Fed. R. Civ. P. 37(a)(2)(A) and S.D. Ohio Civ. R. 37.2, and thus he has not demonstrated that he has attempted to resolve extra-judicially with defendants his requests for discovery.

Plaintiff's motion also lacks merit because it is untimely. The deadline for discovery expired on April 19, 2005. (See Doc. 11.) Plaintiff has not shown good cause to extend the discovery deadline or to reopen the discovery period. See Fed. R. Civ. P. 16 and 56(f).

Accordingly, IT IS HEREIN ORDERED THAT plaintiff's Request for Defendants' Evidence on Plaintiff (Doc. 25) is DENIED.

IT IS SO ORDERED.

Timothy S. Black United States Magistrate Judge

20060524

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