United States District Court, E.D. Missouri, Eastern Division
STEPHEN N. LIMBAUGH, JR. UNITED STATES DISTRICT JUDGE.
matter is before the Court on several pending motions.
Plaintiff Jeremy Pearson, pro se, claims that his
constitutional rights were violated during an arrest by St.
Louis police officers in 2016. He claims that, upon being
apprehended for an attempted robbery, the officers tried to
coerce him into explaining the whereabouts of stolen items by
lifting up on his handcuffed hands until plaintiff's
shoulder âpopped.â Plaintiff alleges he was taken to Barnes
Jewish Hospital where it was determined that his shoulder was
broken and torn in two places.
parties are currently engaged in discovery.
Plaintiff's “memoranda” to the Court and
addition to the five motions to compel filed by plaintiff
since May 2019, plaintiff has filed at least six documents
that are styled as letters, memoranda, a response to Court
memorandum, or have no title at all. (E.g., #52,
#57, #59, #61, #65.) Federal Rule of Civil Procedure 7(b)
requires that a “request for a court order must be made
by motion.” Plaintiff's letters and
“memoranda” are not motions, and the Court cannot
grant relief on these documents. The Court also notes that,
in at least one memorandum to the Court, plaintiff asks this
Court to “investigate” his case. (#59.) The Court
cannot investigate plaintiff's case.
respect to plaintiff's questions about taking
depositions, plaintiff must comply with the Federal Rules of
Civil Procedure, and he is also responsible for arranging for
and paying for the court reporter to read the deposition
questions and record the answers. Rule 31 provides more
procedural steps. To the extent plaintiff plans to arrange
for a deposition by written question, he must notify the
defendant as required in Rule 31.
the Court notes that plaintiff sent a letter to the Clerk of
the Court with questions about discovery procedures (#67).
Although plaintiff may correspond with the Clerk seeking,
e.g., information regarding the docket sheet or
blank subpoena forms, the Clerk is unable to assist plaintiff
with discovery questions. Plaintiff's questions about how
to obtain documents produced to the defendant are best
directed to defense counsel. Plaintiff may write to defense
counsel; thus, any ability to make phone calls to counsel is
Plaintiff's motion for extension (#58)
filed a “motion for extension of time -
discovery” (#58). The motion explains that plaintiff
now has institutional support for his litigation and has
access to paper, pens, stamps, envelopes, and phone calls. He
says: “I ask the court to entertain if, need be, a
Motion for Extension of Discovery, if I request it in the
future.” The Court will entertain motions as they are
filed. Because this motion does not actually seek relief in
the form of an extension of time, the Court will deny it.
Should plaintiff need to seek such relief in the future, the
Court will entertain the motion for good cause. However, as
explained below, the remaining deadlines will be extended on
the Court's own motion.
Defendant's motion to compel (#51)
filed a motion to compel plaintiff to serve his initial
disclosures as required by this Court's Case Management
order. Defendant states that the disclosures were due by
February 19 or 21, 2019, but, as of May 10, defendant had not
responds that he served his initial disclosures. He states
that he has not received information from some of his
subpoenas. He says he does have a “declaration”
from his public defender, who apparently defended plaintiff
in the criminal matter that underlies this case, but he wants
to know if he must disclose it to the defendant. He also asks
if he must generally produce documents that come into his
possession after he submitted his initial disclosures.
Federal Rule of Civil Procedure 26 governs initial
disclosures, and it requires that a party
must supplement or correct its disclosure or
response…in a timely manner if the party learns that
in some material respect the disclosure or response is
incomplete or incorrect, and if the additional or corrective
information has not otherwise been made known to the other
parties during the discovery process or in writing.
Fed. R. Civ. P. 26(e)(1)(A). Plaintiff wants to withhold the
“declaration” he received from his public
defender until the “defendant and other parties adhere
to [his ...