gno.law

District Court, S.D. California · 3:26-cv-03765 · 2026-07-06 · Unknown

Christina M. Lancranjan v. Brett Franklin Truitt; Hon. Christopher S. Morris, Nominal Defendant in Official Capacity; Hon. Jami L. Ferrara, Nominal Defendant in Official Capacity, Hon. Michael S. Groch, Presiding Judge, Nominal

Proceeding
district
Area
civil
Panel
James E. Simmons (author)

Analysis

A model's reading — qwen3.8-27b, prompt own-v1, 2026-10-13T20:27Z · confidence high

The court addressed several procedural motions and filings by a pro se plaintiff, including a certification of service, a motion for an extension of time, a motion for reconsideration of e-filing privileges, and an ex parte motion for expedited discovery. The court struck the improper service certification and extraneous filings, denied the motion for extension of time, denied the motion for reconsideration of e-filing privileges without prejudice, and denied the ex parte motion for expedited discovery for lack of good cause.

What the court decidedThe model
Strike Plaintiff's Certification of Service
“Because Plaintiff’s methods of service to date are improper, the Court DIRECTS the Clerk of the Court to STRIKE Plaintiff’s certification of service.”
agree with court
The court correctly applied Federal Rule of Civil Procedure 4(e), which does not list email as a valid method of service absent a waiver. The plaintiff admitted service was not completed via proper means. Striking the certification is the appropriate procedural remedy.
Deny Motion for Extension of Time to Lodge Documents
“The Court thus DENIES the motion.”
agree with court
The court found that filing exhibits unattached to a complaint or motion is improper at this stage. Denying the motion to file such documents is consistent with local rules and general federal practice regarding the organization of pleadings.
Strike Extraneous Filings (ECF Nos. 8, 9, 10, 13)
“The Court also DIRECTS the Clerk of the Court to STRIKE the extraneous filings of documents unattached to a motion or the complaint (ECF Nos. 8, 9, 10, 13).”
agree with court
Striking filings that do not comply with formatting and attachment requirements is within the court's inherent authority to manage its docket and is supported by the finding that these were 'extraneous.'
Deny Motion for Reconsideration Regarding E-File Privileges
“The motion to e-file is therefore again DENIED without prejudice.”
agree with court
The plaintiff failed to meet the specific requirements (certification of access to technology) set forth in the previous order. Denying the motion without prejudice allows the plaintiff to refile if she meets the requirements, which is a reasonable procedural disposition.
Deny Ex Parte Motion for Discovery
“The Court thus does not find good cause for early discovery, and DENIES the ex parte motion.”
agree with court
The court applied the 'good cause' standard for expedited discovery under Rule 26(d). It found that the requests were overly broad, involved privileged information, and that the prejudice to defendants (who had not even been served) outweighed the utility to the plaintiff. This is a correct application of the balancing test for expedited discovery.

The order itself: sound — The order is procedurally sound. It correctly identifies the legal standards for service (Rule 4), docket management (striking improper filings), and expedited discovery (Rule 26(d) and the good cause standard). The application of the good cause factors to the specific facts (broad requests, privilege issues, lack of service) is logical and well-supported by the cited authorities. There are no significant gaps in reasoning.

How this analysis was made · dispute it

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 CHRISTINA M. LANCRANJAN, Case No.: 3:26-cv-3765-JES-DEB 12 Plaintiff, ORDER: 13 v. (1) STRIKING CERTIFICATION OF 14 BRETT FRANKLIN TRUIT; HON. SERVICE AS IMPROPER; CHRISTOPHER S. MORRIS, Nominal 15 Defendant in Official Capacity; HON. (2) DENYING MOTION FOR 16 JAMI L. FERRARA, Nominal Defendant EXTENSION OF TIME TO LODGE in Official Capacity, HON. MICHAEL S. 17 DOCUMENTS; GROCH, Presiding Judge, Nominal 18 Defendant in Official Capacity; and (3) STRIKING IMPROPER DOES 1-10, 19 FILINGS; Defendants. 20 (4) DENYING MOTION FOR 21 RECONSIDERATION REGARDING EFILE PRIVILEGES; and 22 23 (5) DENYING EX PARTE MOTION FOR DISCOVERY 24 25 [ECF Nos. 6, 7, 8, 9, 11, 12, 13] 26 27 On June 26, 2026, pro se Plaintiff Christina Lancranjan filed the complaint in this 28 matter and an accompanying motion for a temporary restraining order. ECF Nos. 1, 2. 1 Plaintiff alleges that Defendants have unfairly prejudiced her case and conspired against 2 her in underlying state court proceedings. Id. Plaintiff has made a variety of filings in this 3 matter, which the Court addresses in turn below. 4 First, Plaintiff filed a “Certification of Service” indicating that she served Defendant 5 Truitt by email. ECF No. 6. Rule 4 of the Federal Rules of Civil Procedure govern service, 6 explaining as follows: 7 (e) Serving an Individual Within a Judicial District of the United States. Unless federal law provides otherwise, an individual—other than a 8 minor, an incompetent person, or a person whose waiver has been filed—may 9 be served in a judicial district of the United States by: (1) following state law for serving a summons in an action brought in courts 10 of general jurisdiction in the state where the district court is located or where 11 service is made; or (2) doing any of the following: 12 (A) delivering a copy of the summons and of the complaint to the individual 13 personally; (B) leaving a copy of each at the individual's dwelling or usual place of abode 14 with someone of suitable age and discretion who resides there; or 15 (C) delivering a copy of each to an agent authorized by appointment or by law 16 to receive service of process.

17 Fed. R. Civ. P. 4(e). Email is not a proper form of service in federal court without an 18 opposing party’s waiver of proper service. See id. Plaintiff states that she is in the process 19 of finalizing proper service for dispatch to a process service, but that service has not yet 20 been completed. ECF No. 6 at 4. Because Plaintiff’s methods of service to date are 21 improper, the Court DIRECTS the Clerk of the Court to STRIKE Plaintiff’s certification 22 of service. ECF No. 6. Plaintiff may notify the court when she has properly effectuated 23 service. 24 Second, Plaintiff moves for an extension of time to file more documents. ECF No. 25 7. Plaintiff has already filed a number of documents. See ECF Nos. 8, 9, 10, 13. At this 26 stage in litigation, the filing of exhibits unattached to the complaint, motion for TRO, or 27 other motion is improper. The Court thus DENIES the motion. The Court also DIRECTS 28 the Clerk of the Court to STRIKE the extraneous filings of documents unattached to a 1 motion or the complaint (ECF Nos. 8, 9, 10, 13). Plaintiff may view the District’s online 2 resources for pro se litigants to learn the types of permissible motions and filings allowed 3 in federal court. 4 Third, Plaintiff moves for reconsideration of the Court’s previous order denying her 5 electronic filing access. ECF No. 11. On July 1, 2026, the Court denied Plaintiff’s motion 6 for leave to electronically file documents (“e-file”), and explained that Plaintiff must certify 7 that she has access to certain technology to be granted e-file privileges. ECF No. 5. In her 8 motion for reconsideration, Plaintiff again has not attested that she meets those 9 requirements. The motion to e-file is therefore again DENIED without prejudice. The 10 Clerk of the Court is DIRECTED to attach a copy of the motion to e-file template provided 11 by this District to this order. 12 Fourth, Plaintiff filed an ex parte motion for discovery in support of her motion for 13 a temporary restraining order (“TRO”). ECF No. 12. District Courts in this Circuit decide 14 such requests as follows: 15 Rule 26(d) of the Federal Rules of Civil Procedure generally prohibits a party from seeking discovery from any source before the parties have conferred as 16 required by Rule 26(f).11 See Fed.R.Civ.P. 26(d). In the Ninth Circuit, courts 17 use the “good cause” standard to determine whether discovery should be allowed to proceed prior to a Rule 26(f) conference. UMG Recordings, Inc. v. 18 Doe, 2008 WL 4104214, *4 (N.D.Cal.2008) (Armstrong, J.). Good cause may 19 be found where the need for expedited discovery, in consideration of the administration of justice, outweighs the prejudice to the responding party. 20 Semitool, Inc. v. Tokyo Electron Am., Inc., 208 F.R.D. 273, 276 21 (N.D.Cal.2002); UMG Recordings, 2008 WL 4104214, at *4 & n. 3 (listing cases from Ninth and other circuits citing Semitool ). While “courts have 22 recognized that good cause is frequently found in cases involving claims of 23 infringement and unfair competition,” expedited discovery is not appropriate in every case. Semitool, 208 F.R.D. at 276–277. 24 25 In considering whether good cause exists, factors courts may consider include: (1) whether a preliminary injunction is pending; (2) the breadth of the 26 discovery request; (3) the purpose for requesting the expedited discovery; (4) 27 the burden on the defendants to comply with the requests; and (5) how far in advance of the typical discovery process the request was made. Am. LegalNet, 28 1 Inc. v. Davis, 673 F.Supp.2d 1063, 1067 (C.D.Cal.2009). The party seeking expedited discovery in advance of the Rule 26(f) conference has the burden of showing good cause for the requested departure from usual discovery 3 procedures. /d. at 1066. 4 5 Rovio Ent. Ltd. v. Royal Plush Toys, Inc., 907 F. Supp. 2d 1086, 1099 (N.D. Cal. 2012). 6 Here, while there is a motion for TRO pending and Plaintiff certifies that the 7 requested discovery is necessary for her motion, the requested discovery is not, as Plaintiff g || argues, narrowly tailored. See ECF No. 12. Plaintiff requests (1) original, native electronic 9 files (unconverted .docx and original electronic formats, including full metadata history) 10 of all trial briefs, motions, and declarations submitted by Defendant Truitt in the underlying 11 || since January 6, 2026; (2) sworn declarations from Defendant Brett Truitt and a 12 nonparty attorney regarding legal advice; (3) all emails, text messages, and B communications between Truitt and his former attorney and firm regarding a prior case; 14 (4) complete, unredacted client files regarding Plaintiff's underlying case from her former 15 attorneys; and (5) privilege logs regarding any claims of privilege regarding the above. 16 ECF No. 12 at 4-5. Each of these requests is very broad, and the requests involve 7 information typically subject to attorney client privilege. The potential utility of this 18 information to Plaintiff is significantly outweighed by the preyudice to Defendants (who 19 have yet to be properly served in this action) if the motion were granted. The Court thus 0 does not find good cause for early discovery, and DENIES the ex parte motion. IT IS SO ORDERED. Dated: July 6, 2026 ee Sm. 4 Honorable James E. Sunmons Jr. United States District Judge 25 26 27 28