Howard v. Hedgpeth, et al.

Filing 42

ORDER GRANTING 37 Motion to Compel Discovery signed by District Judge Roger T. Benitez on 7/15/2010. (Marrujo, C)

(PC) Howard v. Hedgpeth, et al.

Doc. 42

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Plaintiff Kenneth L. Howard, a state prisoner proceeding pro se and in forma pauperis, v. A. HEDGPETH, et al., Defendants. (Doc. No. 37) KENNETH L. HOWARD, UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Case No. 08cv0859 RTB (PCL) ORDER GRANTING Plaintiff, PLAINTIFF'S MOTION TO COMPEL DISCOVERY

16 filed a civil rights complaint under 42 U.S.C. § 1983 on June 19, 2008. (Doc. No. 10.) On June 17 1, 2010, Plaintiff filed a Motion to Compel Discovery seeking responses to outstanding 18 Interrogatories, Requests for Productions of Documents and Requests for Admissions. (Doc. 19 No. 37.) The Court issued a Briefing Schedule requiring Defendants to Oppose Plaintiff's 20 Motion or indicate their non-opposition to the Court by June 22, 2010. However, Defendants 21 failed to respond to the Court's Order by that date. (See Doc. No. 41.) On July 9, 2010, Plaintiff 22 filed a timely Motion for Sanctions requesting imposition of sanctions on Defendants for failure 23 to comply with the Court's Order. (Doc. No. 40.) 24 Thereafter, on July 15, 2010, the Court held a telephonic Mandatory Settlement

25 Conference during which the parties were present via telephone and advised the Court of the 26 status of this case. At this Conference, defense counsel indicated non-opposition to the Motion 27 to Compel and requested ten (10) days to produce the requested responses. 28

Dockets.Justia.com

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After reviewing the Motion to Compel Discovery, Motion for Sanctions and Defendants'

2 Statement of Non-Opposition to the Motion to Compel, and being advised of the status of the 3 case, Plaintiff's Motion to Compel Discovery is GRANTED in its entirety. Defendants must 4 produce all discovery indicated in Plaintiff's Motion by July 26, 2010. The Court takes 5 Plaintiff's Motion for Sanctions under submission at this time. 6 IT IS SO ORDERED.

7 DATED: July 15, 2010 8 9 10 11 cc: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
08cv0859 RTB (PCL)

Peter C. Lewis U.S. Magistrate Judge United States District Court
The Honorable Roger T. Benitez All Parties and Counsel of Record

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