Robert Johnson v. Raman Patel et al

Filing 74

MINUTES (IN CHAMBERS) by Magistrate Judge Kenly Kiya Kato: Order: Lifting Stay [Dkt. 66] and Denying DefendantPatels Motion to Compel as Moot [Dkt. 73] 73 Motion to Compel (dts) (Main Document 74 replaced on 11/20/2015) (dts).

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Date

Case No.

CV 14-1598-RGK (KK)

Title

November 20, 2015

Robert Johnson v. Raman Patel, et al.

Present: The
Honorable

Kenly Kiya Kato, United States Magistrate Judge

Deb Taylor

None

None

Deputy Clerk

Court Reporter / Recorder

Tape No.

Attorneys Present for Applicant:

Attorneys Present for Respondent:

None Present

None Present

Proceedings:

(In Chambers) Order: Lifting Stay [Dkt. 66] and Denying Defendant
Patel’s Motion to Compel as Moot [Dkt. 73]

On July 9, 2015, the Court referred this matter to the Prisoner Settlement Program
and issued an order staying the briefing schedule on dispositive and discovery motions
for 120 days. ECF Docket No. (“Dkt.”) 66. Plaintiff Robert Johnson and Defendant
Raman Patel have been unable to reach a settlement. Hence, the stay is hereby LIFTED.
On September 22, 2015, Defendant Patel filed a document titled “Joint Stipulation
Pursuant to Local Rule 37 Re: Plaintiff’s Medical Records from the California
Department of Corrections and Rehabilitation.” Dkt. 73. The Court construes this
document as a motion. Defendant Patel appears to seek to compel Plaintiff to produce his
medical records and for sanctions. Id. However, it appears Plaintiff’s medical records
have already been prepared for production by the California Department of Corrections
and Rehabilitation (“CDCR”) pursuant to a subpoena issued on June 29, 2015. Id. at 11,
Declaration of Michael Vincent Ruocco (“Ruocco Decl.”), ¶ 4. According to Defendant
Patel, the CDCR refused to produce the documents due to the Court’s July 9, 2015 order
staying discovery. Id. Therefore, because the stay has now been lifted, Defendant Patel’s
Motion to Compel is DENIED as moot and his request for sanctions is DENIED.

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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