Miar K Gainer v. Timothy Cross et al

Filing 90

MINUTES (IN CHAMBERS)Order Denying Plaintiffs Motion to Set Aside Court Order Without Prejudice [Dkt. 89] by Magistrate Judge Kenly Kiya Kato. (dts)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES—GENERAL
Case No.

EDCV 13-1566-BRO (KK)

Date: February 15, 2017

Title: Miar K. Gainer v. Timothy Cross, et al.

Present: The Honorable KENLY KIYA KATO, UNITED STATES MAGISTRATE JUDGE
DEB TAYLOR

Not Reported

Deputy Clerk

Court Reporter

Attorney(s) Present for Plaintiff(s):

Attorney(s) Present for Defendant(s):

None Present

None Present

Proceedings:

Order Denying Plaintiff’s Motion to Set Aside Court Order Without
Prejudice [Dkt. 89]

On December 27, 2016, the Court granted Defendant Christian Dekker’s Motion to
Compel Discovery Responses and Motion to Have Requests for Admission Deemed Admitted.
ECF Docket No. (“Dkt.”) 87. On January 26, 2017, Plaintiff filed a “Motion to Set Aside
Judgment Pursuant to Rule 59(e) Fed. R. Civ. P.,” which the Court construes as a motion for
reconsideration of the Court’s December 27, 2016 Order. Dkt. 89. Plaintiff states he has been
unable to access the law library and only recently acquired ten sheets of paper. Id. Plaintiff states
he “anticipate[s] in responding to the Defendants requests for interrogatories, and requests for
admission within twenty days.” Id. The Court is willing to consider granting Plaintiff some
relief based on his lack of access to the law library and paper. However, because Plaintiff has not
yet provided responses to Defendant’s discovery requests, which were initially served on June 15,
2016, Plaintiff’s Motion is DENIED without prejudice.

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CIVIL MINUTES—GENERAL

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