Dubose v. Jiminez
- Vincent Briccetti
- 7:22-cv-02124
- U.S. District Court · Southern District of New York
- 1
In Dubose v. Jiminez, Judge Briccetti denied Dubose’s request to serve discovery before defendants were served, finding the requests broad and the need unshown.
Tyrek Dubose’s request for early discovery was denied; the order concerned discovery directed to the defendants before service of process.
What happened
In Dubose v. Jiminez, Tyrek Dubose asked to serve discovery requests before the defendants had been served with legal papers.
The court denied the request because the proposed discovery was very broad, was not tailored to the claims in the complaint, and Dubose had not shown why discovery was needed at that stage.
Judge Briccetti also ruled that any appeal would not be taken in good faith and denied permission to appeal without paying the filing fees.
The detailed version
- Dubose v. Jiminez · No. 7:22-cv-02124
- Vincent Briccetti
- May 31, 2022
Background
On May 25, 2022, the court received Tyrek Dubose’s motion for permission to serve discovery requests on the defendants before they had been served with legal process.
Court’s reasoning
Federal Rule of Civil Procedure 26 generally requires parties to confer about discovery before seeking discovery from any source. Discovery cannot ordinarily begin before that conference unless the rules, the parties’ agreement, or a court order allows it.
The court declined to authorize early discovery at that stage. It found that Dubose’s proposed requests were very broad and not tailored to the claims in his complaint. The court also found that Dubose had not established a need for discovery at that point in the case.
Ruling and appeal status
The court denied Dubose’s motion. It also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith, and denied permission to appeal without paying the required filing fees. The order was signed by Judge Vincent L. Briccetti.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.