Fields v. Masiel et al

Filing 72

ORDER Directing Defendants to File a Response to (1) Plaintiff's Motion for a 30-Day Extension of Time to Serve Responses to Defendants' Request for Further Responses to Discovery Request; and (2) Plaintiff's Motion to Re-Serve Requests for Futher Responses to Discovery and motion for Sanctions re 69 , 71 , signed by Magistrate Judge Barbara A. McAuliffe on 05/20/14. Twenty-One Day Deadline. (Gonzalez, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KEVIN E. FIELDS, 12 13 14 Plaintiff, v. JOSE MASIEL, et al., 15 Defendants. 16 17 18 ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:10-cv-01699-AWI-BAM (PC) ORDER DIRECTING DEFENDANTS TO FILE A RESPONSE TO (1) PLAINTIFF’S MOTION FOR A 30-DAY EXTENSION OF TIME TO SERVE RESPONSES TO DEFENDANTS’ REQUEST FOR FURTHER RESPONSES TO DISCOVERY REQUEST; AND (2) PLAINTIFF’S MOTION TO RE-SERVE REQUESTS FOR FURTHER RESPONSES TO DISCOVERY AND MOTION FOR SANCTIONS (ECF Nos. 69, 71) TWENTY-ONE DAY DEADLINE 19 Plaintiff Kevin E. Fields (“Plaintiff”) is a state prisoner proceeding pro se and in forma 20 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On March 17, 2014, Defendants filed 21 a motion for sanctions. (ECF No. 65.) Plaintiff did not respond. Accordingly, on April 21, 2014, the 22 Court directed Plaintiff to respond to Defendants’ motion for sanctions within twenty-one (21) days. 23 (ECF No. 67.) 24 In lieu of a response, on April 28, 2014, Plaintiff filed a motion for a thirty-day extension of 25 time to serve responses to Defendants’ request for further responses to discovery requests. (ECF No. 26 69.) Defendants did not respond. Thereafter, on May 12, 2014, Plaintiff filed a motion requesting an 27 order directing Defendants to re-serve their request for further responses to discovery and to reserve 28 1 1 their motion for sanctions. Plaintiff also requested additional time to serve his discovery responses. 2 (ECF No. 71.) Defendants have not yet responded to this motion. 3 The Court finds it appropriate to permit Defendants an opportunity to respond to Plaintiff’s 4 motions. Defendants’ response may render the pending motion for sanctions moot. Accordingly, 5 Defendants are directed to file a response or a statement of non-opposition to Plaintiff’s pending 6 motions within twenty-one (21) days of the date of this order. 7 IT IS SO ORDERED. 8 9 Dated: /s/ Barbara May 20, 2014 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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