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Pitzer v. City of East Peoria

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS


April 22, 2010

CORINE PITZER, PLAINTIFF
v.
CITY OF EAST PEORIA, ET AL, DEFENDANTS

The opinion of the court was delivered by: John A. Gorman United States Magistrate Judge

ORDER

Now before the Court is the motion (#68) by Defendants to compel Plaintiff to provide Rule 26(a) initial disclosures. The motion is granted, as follows.

At the Rule 16 conference, this Court approved the parties' proposed discovery plan. That plan included a deadline of May 5, 2009, for service of initial disclosures. The moving parties, however, were not added to this litigation until the second amended complaint was filed in October 2009. Nonetheless, it is undisputed that, as of this date, Plaintiff has not provided any initial disclosures to Defendants.

The Federal Rules provide that a party "must" provide certain disclosures without awaiting a discovery request from the other parties. Although there are exceptions, none of them apply to this case. Plaintiff's explanation for the non-disclosure (that motions to dismiss remain pending) does not excuse the failure to provide these required disclosures.

Accordingly, the motion is granted. Plaintiff shall provide disclosures as mandated by Fed.R.Civ.P. 26(a)(1) on or before May 7, 2010.

20100422

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