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    Ruston v. Church of Jesus Christ of Latter Day Saints Et Al - Document No. 23

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    ORDER denying 4 Motion to Compel. Signed by Judge David Nuffer on 02/21/2007. (asp) 2:2006cv00526 Utah District Court

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    Ruston v. Church of Jesus Christ of Latter Day Saints Et Al - Document No. 23

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    Justia.com
    33 views2 pages
    ORDER denying 4 Motion to Compel. Signed by Judge David Nuffer on 02/21/2007. (asp) 2:2006cv00526 Utah District Court

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    Ruston v. Church of Jesus Christ of Latter Day Saints et al - Document No. 23

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    ORDER denying 4 Motion to Compel. Signed by Judge David Nuffer on 02/21/2007. (asp) 2:2006cv00526 Utah District Court

    Copyright:

    Public Domain
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    33 views2 pages

    Ruston v. Church of Jesus Christ of Latter Day Saints Et Al - Document No. 23

    Uploaded by

    Justia.com
    ORDER denying 4 Motion to Compel. Signed by Judge David Nuffer on 02/21/2007. (asp) 2:2006cv00526 Utah District Court

    Copyright:

    Public Domain
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    Ruston v. Church of Jesus Christ of Latter Day Saints et al Doc.

    23
    Case 2:06-cv-00526-DB-DN Document 23 Filed 02/22/2007 Page 1 of 2

    IN THE UNITED STATES DISTRICT COURT

    FOR THE DISTRICT OF UTAH

    LESTER JON RUSTON,


    ORDER DENYING EMERGENCY
    Plaintiff, MOTION TO COMPEL RELIEF

    vs.
    Case No: 2:06-CV-526 DB
    CHURCH OF JESUS CHRIST OF LATTER-
    DAY SAINTS, et al., District Judge Dee Benson

    Defendants. Magistrate Judge David Nuffer

    Plaintiff Lester Jon Ruston has filed a motion entitled “Emergency Motion to Compel

    Relief.”1 Although it is difficult to discern what Ruston seeks by this motion, the court construes

    it as a motion to compel production of certain documents.

    Ruston’s motion must be denied because it is premature. The discovery phase of this

    litigation has not yet begun. Ruston’s motion was filed before defendants had an opportunity to

    respond to the complaint. Defendants have filed a motion to dismiss2 which is presently

    pending. If defendants’ motion is decided in Ruston’s favor, after an answer is filed, the court

    will then enter an order allowing discovery to proceed.

    Discovery shall not be conducted before defendants’ motion is resolved. At the

    appropriate time, the court will enter a scheduling order pursuant to Rule 16 of the Federal Rules

    1
    Emergency Motion to Compel Relief (“Motion”), Docket no. 4, filed July, 13, 2006.

    2
    Motion to Dismiss, Docket no. 11, filed November 15, 2006.

    Dockets.Justia.com
    Case 2:06-cv-00526-DB-DN Document 23 Filed 02/22/2007 Page 2 of 2

    of Civil Procedure setting the time to complete discovery and other phases of the litigation.

    Ruston’s Emergency Motion to Compel Relief3 is DENIED.

    February 21, 2007.

    BY THE COURT:

    _____________________________
    David Nuffer
    U.S. Magistrate Judge

    3
    Docket no. 4, filed July 13, 2006.

    -2-

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