Gamez v. Gonzalez, et al.

Filing 52

ORDER SETTING BRIEFING SCHEDULE on Plaintiff's Motion to Compel Discovery signed by Magistrate Judge Peter Lewis on 10/13/2010. (Sant Agata, S)

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(PC) Gamez v. Gonzalez, et al. Doc. 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Plaintiff Sergio Alejandro Gámez ("Plaintiff") is a state prisoner proceeding pro se and v. F. GONZALEZ, et al., Defendants. SERGIO ALEJANDRO GÁMEZ, UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA Case No.08cv1113 MJL (PCL) ORDER SETTING BRIEFING Plaintiff, SCHEDULE ON PLAINTIFF'S MOTION TO COMPEL DISCOVERY 16 in forma pauperis with an action filed pursuant to 42 U.S.C. § 1983. (See Doc. No. 13.) On 17 September 21, 2010, the Court held a Telephonic Status Conference in this matter. Appearing 18 were Michael Terhorst on behalf of Defendants and Plaintiff appeared in pro se. The parties 19 were unable to settle the matter on this date and Plaintiff was given until September 30, 2010 to 20 file his intended Motion to Compel Discovery. 21 On September 29, 2010, Plaintiff filed a Motion to Compel Discovery in compliance with 22 the Court's verbal Order of September 21, 2010.1/ (Doc. No. 50.) If Defendants oppose 23 Plaintiff's Motion, any opposition to the granting of the Motion shall be served and filed by the 24 responding party on or before November 2, 2010. 25 26 27 1. Although the Motion to Compel was received by the Clerk of the Court on October 11, 2010, this Court determines that the Motion was timely filed pursuant to the Court's Order because 28 the date of September 29, 2010 appears on the Proof of Service. See Anthony v. Cambra, 236 F.3d 568, 575 (9th Cir. 2000) (applying Houston v. Lack, 487 U.S. 266, 276 (1988)), in which the Supreme Court held that a notice of appeal by a pro se prisoner is deemed filed at the moment the prisoner delivers it to prison authorities for forwarding to the clerk of court). See L. R. 78-230(l). Moreover, a responding party who has no opposition to the granting of any Motion shall 1 serve and file a statement to that effect, specifically designating the motion in question. Id. The 2 parties should note that failure of the responding party to file an opposition or to file a statement 3 of non opposition may be deemed a waiver of any opposition to the granting of the motion and 4 may result in the imposition of sanctions. Id. 5 Plaintiff may serve and file a Reply to any Opposition on or before November 9, 2010. 6 Id. This Motion will be deemed submitted on November 9, 2010 or on the date a Reply is filed, 7 whichever comes first. See L. R. 135. Unless otherwise ordered by the Court, the Motion shall 8 be deemed submitted on the papers and no personal appearances are required. 9 DATED: October 13, 2010 10 11 12 13 cc: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 08cv01113 MJL (PCL) Peter C. Lewis U.S. Magistrate Judge United States District Court The Honorable M. James Lorenz All Parties and Counsel of Record 2

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