Summary
This order from the United States District Court for the Eastern District of Michigan denies a pro se plaintiff’s motion to compel discovery and seek monetary damages against the defendants. The magistrate judge ruled that both requests are premature at this stage of the litigation, noting that only injunctive relief is appropriate for preliminary matters. The court emphasized that awarding damages prematurely would circumvent Seventh Amendment jury trial rights and that money damages can typically compensate the moving party.
Topics
Practice areas
Questions Presented
- Whether the plaintiff's motion to compel discovery is proper at this stage of the litigation.
- Whether the plaintiff may obtain an award of damages as preliminary relief.
Holdings
- The motion to compel is denied as premature.
- The motion for nominal, compensatory, and punitive damages is denied as premature; only injunctive relief is available at this stage.
Key quotations
“"[t]he purpose of a preliminary injunction is merely to preserve the relative positions of the parties until a trial on the merits can be held."”
“"[i]f money damages can compensate the moving party, a preliminary injunction is not appropriate."”
Factual background
Plaintiff Dijon Townsend, proceeding pro se, sought production of documents from Marcus Management and Concord Cooperative, Inc., and requested nominal, compensatory, and punitive damages. Earlier discovery motions had been denied.
Procedural history
Plaintiff previously filed two discovery motions denied on February 10, 2015. The plaintiff then moved to compel production of documents and to obtain nominal, compensatory, and punitive damages; both motions were denied.