The plaintiff, Gary Curtis, brought a motion seeking an order to schedule examinations for discovery.
The Master dismissed the motion, finding a lack of jurisdiction to grant the requested relief.
The Master noted that Justice Dow had previously ordered common discoveries and trial for this action and a related action (CV-15-524203), and a Rule 21 motion to strike claims in the related action was pending before Justice Dow.
The Master determined that ordering discoveries would effectively vary a judge's order, which is beyond a Master's jurisdiction, and that the Rule 21 motion should be heard first to streamline the litigation process.
