Cantu v. Garcia et al

Filing 115

ORDER Granting Plaintiff's 106 Motion to Compel; ORDER Directing Clerk of Court to Correct Spelling of Defendant Goree's Name on Docket signed by Magistrate Judge Dennis L. Beck on 09/10/2014. Discovery due by 9/29/2014.(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSHUA J. CANTU,

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Plaintiff,

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vs.
M. GARCIA, et al.,

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Defendants.

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1:09cv00177 AWI DLB PC
ORDER GRANTING PLAINTIFF’S
MOTION TO COMPEL
(Document 106)
ORDER DIRECTING CLERK OF COURT
TO CORRECT SPELLING OF
DEFENDANT GOREE’S NAME ON
DOCKET

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Plaintiff Joshua J. Cantu (“Plaintiff”) is a prisoner in the custody of the California
Department of Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se in this
civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on Plaintiff’s Second

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Amended Complaint against Defendants Garcia, Goree,1 Baptiste and Williams.
Defendants Garcia and Goree have appeared in this action. Defendant Baptiste has been

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served, but has not yet appeared. Service as to Defendant Williams was returned unexecuted on
August 27, 2014, and an order to show cause is currently pending.
This action is currently in discovery. The discovery deadline is October 24, 2014.

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Dispositive motions must be filed by December 23, 2014.

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Defendant Goree is incorrectly listed on the Court’s docket as Defendant Gorgee.
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On August 11, 2014, Plaintiff filed a motion to compel Defendant Goree to provide
responses to Plaintiff’s Requests for Interrogatories, Numbers 1-10. On September 8, 2014,
Defendant Goree filed a non-opposition and request for an extension of time. The motion is
ready for decision pursuant to Local Rule 230(l).

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DISCUSSION
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Parties may obtain discovery regarding any nonprivileged matter that is relevant to any
party’s claim or defense- including the existence, description, nature, custody, condition, and
location of any documents or other tangible things and the identity and location of persons who

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know of any discoverable matter. For good cause, the court may order discovery of any matter

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relevant to the subject matter involved in the action. Relevant information need not be

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admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of

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admissible evidence. All discovery is subject to the limitations imposed by Federal Rule of Civil

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Procedure 26(b)(2)(C).

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Plaintiff served Defendant Goree with Interrogatories on April 9, 2014. However, it
appears that because of an inadvertent error, compounded by the confusion caused by service of
later-added Defendants, Defendant Goree did not respond.
In the statement of non-opposition, Counsel states that she has drafted responses and has
been trying to set up a time to have the responses completed and signed. Accordingly, Plaintiff’s

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motion is GRANTED. Defendant Goree SHALL serve responses on Plaintiff no later than
September 29, 2014.
The Clerk of Court is ORDERED to change the docket to reflect the correct spelling of
Defendant Goree’s name.

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IT IS SO ORDERED.
Dated:

/s/ Dennis

September 10, 2014

L. Beck

UNITED STATES MAGISTRATE JUDGE
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