Under Rule 26(d) of the Federal Rules of Civil Procedure, discovery cannot commence prior to the Rule 26(f) conference being held. In this case, there are two John Doe defendants that would make it pointless to have a Rule 26(f) conference without their participation.
Since the one defendant we are sure of knows the identities and addresses of the other defendants, this motion will permit us to serve interrogatories upon him that will elicit that information. We can then issue new summons and serve the other defendants and proceed normally from that point.
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Civil Procedure Updates
Legal Memoranda: Discovery Motions |
Federal, 6th Circuit, Tennessee |
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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