Johnson v. Home Depot U.S.A. Inc.

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
ANTHONY T JOHNSON,
Plaintiff,
v.
HOME DEPOT U.S.A. INC.,
Defendant.
Case No. 25-cv-05266-AGT
DISCOVERY ORDER
Re: Dkt. No. 21
Plaintiff Anthony T. Johnson, proceeding without an attorney, seeks copies of CCTV
footage from defendant Home Depot U.S.A., Inc. (Home Depot). Dkt 21. Home Depot ar-
gues that Johnson’s request should be denied. Dkt. 23. The Court now denies Johnson’s
request for the reasons that follow.
First, Home Depot argues that Johnson did not serve any discovery directed to Home
Depot, but instead served discovery directed to three individuals, none of whom are parties
to the action. Id. at 2. Johnson, however, represents that he sought discovery from Home
Depot. Dkt. 21 at 2. Neither party filed copies of Johnson’s discovery requests, so the Court
declines to rule on this ground.
Next, Home Depot argues that Johnson served his interrogatories on July 28, 2025,
prior to the parties’ Federal Rule of Civil Procedure 26(f) conference. Dkt. 23 at 2. In fact,
it is undisputed that Johnson served his discovery requests on July 28, 2025. Dkt. 21 at 3.
The deadline for the parties’ Rule 26(f) conference was September 5, 2025. Dkt. 5. Johnson
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does not address the Rule 26(f) conference, so Home Depot’s claim that it happened on
September 5, 2025, dkt. 23 at 2, is also undisputed. Because Johnson served his discovery
requests prior to the Rule 26(f) conference, the requests were premature. See Fed. R. Civ. P.
26(d)(1) (“A party may not seek discovery from any source before the parties have conferred
as required by Rule 26(f) . . . .”). The Court denies Johnson’s request for discovery relief on
this basis.
Fact discovery remains open in this case until September 18, 2026. Dkt. 18. Should
Johnson decide to conduct discovery in this action, he is reminded that resources may be
available for unrepresented parties in the Northern District of California, such as Johnson.
The Court’s website has various resources available, accessible at
https://www.cand.uscourts.gov/pro-se-litigants/. Alternatively, self-represented litigants
may consult with the JDC Legal Help Center. To schedule an appointment with the Legal
Help Center, a pro se litigant may email fedpro@sfbar.org or call 415-782-8982.
This order dispenses with dkt. 21.
IT IS SO ORDERED.
Dated: February 19, 2026
______________________________
Alex G. Tse
United States Magistrate Judge
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