Holt v. Stockman, et al

Filing 161

ORDER Denying as Moot Plaintiff's Motion and Request to Amend and Supplement Exhibit "A" of Plaintiff's Reply to Defendant's Opposition to Plaintiff's Motion to Compel 150 ; ORDER Granting Plaintiff's Motion for Ex tension of Time to File the Joint Proposed Pretrial Statement 156 ; ORDER Granting Plaintiff's Motion for Extension of Time to file Opposition to Defendants Motion for Summary Judgment 157 ; ORDER granting Plaintiff's Motion to Serve/ (Su pplement) Discovery Responses/Documents on Defendants 158 ; ORDER Granting Plaintiff's Motion for Extension of Time to File Revised Motion to Compel 160 , signed by District Judge Mary H. Murguia on 4/4/2011. Oppposition, Revised Motion Deadline: April 22, 2011. (Gonzalez, R)

1 2 3 4 5 6 7 8 9 10 11 12 D. G. Stockman, et al., 13 Defendants. 14 15 16 Pending before the Court are a number of motions filed by Plaintiff Virgil E. Holt. The 17 Court will address each in turn. 18 A. 19 20 Motion and Request to Amend and Supplement Exhibit "A" of Plaintiff's Reply to Defendant's Opposition to Plaintiff's Motion to Compel (Doc. 150) Plaintiff has filed a Motion to Amend and Supplement Exhibit "A" of Plaintiff's Reply to vs. Virgil E. Holt, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) No. CV 1-04-6073-MHM ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

21 Defendant's Opposition to Plaintiff's Motion to Compel. However, in light of the Court's 22 previous denial of Plaintiff's Motion to Compel (Doc. 155), the Court will deny said motion 23 as moot. 24 B. 25 Plaintiff has moved for an extension of time to file the Joint Proposed Pretrial Statement. 26 Defendants join in Plaintiff's request, noting that their motion for partial summary judgment 27 is pending before the Court and that, if granted, the range of issues for trial would be 28 Request (Motion) for Extension of Time to File "Joint Proposed Pretrial Statement" (Doc. 156)

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significantly narrowed and the parties would be better able to craft a meaningful pretrial order. Accordingly, the Court will grant Plaintiff's motion to extend time to file the Joint Proposed Pretrial Statement until after the Court rules on Defendants' Motion for Partial Summary Judgment. C. Request (Motion) for Extension of Time to file Opposition to Defendants Motion for Summary Judgment (Doc. 157) Plaintiff had filed a Motion for Extension of Time to file Opposition to Defendants'

7 Motion for Summary Judgment. Defendants not having opposed this request, and good cause 8 appearing, the Court will grant Plaintiff's motion and extend the time for filing an opposition 9 until April 22, 2011. 10 D. 11 12 13 14 15 16 17 Plaintiff has filed a Motion for Extension of Time to File a Revised Motion to Compel. 18 Plaintiff notes that on February 22, 2011, the Court denied his original motion to compel 19 without prejudice and granted him a twenty-one day extension of time to file a revised 20 motion. (Doc. 135) Plaintiff notes that he has subsequently received discovery responses 21 from Defendants and is currently revising his motion to compel. Accordingly, the Court will 22 grant Plaintiff's motion and extend the time for filing a revised motion to compel until April 23 22, 2011. However, as the Court previously cautioned Plaintiff in its February 22, 2011 24 order, Plaintiff must identify with specificity the portion of each response that he deems to 25 be inadequate and explain what is missing or what kind of information would be necessary 26 to make the response adequate. In the event Plaintiff files a revised motion lacking such 27 specificity, Plaintiff risks having the motion denied with prejudice. 28 -2Motion and Request to Serve/(Supplement) Discovery Responses/Documents on Defendants (Doc. 158) Plaintiff has filed a Motion and Request to Serve/(Supplement) Discovery Responses/Documents on Defendants. Plaintiff asserts that he is now only able to produce the requested documents because his legal property had been missing and was only recently returned to him. Accordingly, good cause appearing, the Court will grant Plaintiff's motion. E. Request (Motion) for Extension of Time to File Revised Motion to Compel (Doc. 160)

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Accordingly, based on the forgoing, IT IS ORDERED denying as moot Plaintiff's Motion and Request to Amend and Supplement Exhibit "A" of Plaintiff's Reply to Defendant's Opposition to Plaintiff's Motion to Compel. (Doc. 150) IT IS FURTHER ORDERED granting Plaintiff's Motion for Extension of Time to File the Joint Proposed Pretrial Statement. (Doc. 156) IT IS FURTHER ORDERED that the Joint Proposed Pretrial Statement will be due after the Court rules on Defendants' Motion for Partial Summary Judgment. IT IS FURTHER ORDERED granting Plaintiff's Motion for Extension of Time to file Opposition to Defendants Motion for Summary Judgment (Doc. 157). IT IS FURTHER ORDERED granting Plaintiff until April 22, 2011, to file his opposition. IT IS FURTHER ORDERED granting Plaintiff's Motion to Serve/(Supplement) Discovery Responses/Documents on Defendants. (Doc. 158) IT IS FURTHER ORDERED granting Plaintiff's Motion for Extension of Time to File Revised Motion to Compel. (Doc. 160) IT IS FURTHER ORDERED granting Plaintiff until April 22, 2011, to file his revised motion. DATED this 4th day of April, 2011.

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