Spencer v. The Wendy's Company

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
MINDY M. SPENCER,
Plaintiff,
v.
THE WENDY’S COMPANY,
Defendant.
Civil Action 2:25-cv-173
Judge James L. Graham
Magistrate Judge Chelsey M. Vascura
ORDER
Plaintiff has filed Initial Disclosures made under Federal Rule of Civil Procedure 26(a)(1).
(ECF No. 64.) The Court has not ordered Plaintiff to file this document. Moreover, the parties
have not utilized their initial disclosures in a court proceeding. The Court therefore STRIKES
Plaintiff’s filing and ORDERS her to cease filing discovery documents, or Notices of their
service, until they are used in a proceeding or the Court orders otherwise. Cf. Fed. R. Civ. P. 5(d)
(1) (“[D]isclosures under Rule 26(a)(1) or (2) and the following discovery requests and responses
must not be filed until they are used in the proceeding or the court orders filing: depositions,
interrogatories, requests for documents or tangible things or to permit entry onto land, and
requests for admission.”). The Court notes, however, that striking this document from the docket
“does not prevent it from being effective.” Valente v. Univ. of Dayton, No. 3:08-cv-225, 2009
WL 2132631, at *1 (S.D. Ohio, July 13, 2009).
IT IS SO ORDERED.
/s/ Chelsey M. Vascura
CHELSEY M. VASCURA
UNITED STATES MAGISTRATE JUDGE
Case: 2:25-cv-00173-JLG-CMV Doc #: 66 Filed: 02/13/26 Page: 1 of 1 PAGEID #: <pageID>