Harvey v. U.S. Bank, National Association

Background

Michael Jerome Harvey, proceeding without a lawyer, filed a motion titled “Demand Defendants to Compel Discovery & Respond to Interrogatories, Estoppel on Sherrif’s Sale Failure to Respond, Adverse Claim.” The motion sought an order requiring the defendants to produce various documents and respond to interrogatories.

Discovery ruling

The court held that the motion was premature. Federal Rule of Civil Procedure 26(d)(1) generally bars a party from seeking discovery before the parties have held the conference required by Rule 26(f). The court had not directed the parties to hold that conference, and neither side had asked the court to set a deadline for or hold one. The court also stated that the docket contained no evidence that any defendant had yet been properly served under Federal Rule of Civil Procedure 4.

The court therefore denied without prejudice Harvey’s discovery motion. “Without prejudice” was part of the court’s stated disposition.

Service requirements

The court stated that Harvey must file proof of service for each defendant before the action can proceed. It directed him to serve Ginnie Mae under Rule 4(i) and the other defendants under Rule 4(h). The court stated that service on all defendants had to be completed within 90 days of April 5, 2024, the date Ginnie Mae removed the action to federal court, or by July 8, 2024.

The court warned that if Harvey failed to properly serve any defendant by July 8, 2024, it might dismiss that defendant from the case without prejudice. The court also referred Harvey to the District of Minnesota’s resources for people representing themselves.

Disposition

Judge Dulce J. Foster denied the Discovery Motion without prejudice and issued instructions concerning service of process. The order did not decide the underlying claims.