Ransom v. Aguirre et al

Filing 150

ORDER Denying Defendant's 138 Motion to Compel as Moot, signed by Magistrate Judge Gary S. Austin on 6/21/17. (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 BRYAN E. RANSOM, 12 13 14 Plaintiff, vs. 1:12-cv-01343-DAD-GSA-PC ORDER DENYING DEFENDANTS’ MOTION TO COMPEL AS MOOT (ECF No. 138.) AGUIRRE, et al., 15 Defendants. 16 17 Bryan E. Ransom (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights 18 action pursuant to 42 U.S.C. § 1983. This case now proceeds with Plaintiff’s First Amended 19 Complaint filed on March 6, 2013, against defendants Aguirre, Alanis, Clark, Cortez, Kernan, 20 Mariscal, Messick, Moon, Perez, Singh, Ulit, Vallejo, Vogel, Wang, and Wooden (collectively, 21 “Defendants”), on Plaintiff’s claims for retaliation, adverse conditions of confinement, 22 inadequate medical care, and state tort violations, arising from events occurring in 2011. (ECF 23 No. 12.) 24 On October 10, 2016, Defendants filed a motion to compel Plaintiff to provide initial 25 disclosures to Defendants as required by the court’s discovery and scheduling order issued on 26 August 9, 2016. (ECF No. 138.) 27 disclosures from Plaintiff, and the deadline to provide initial disclosures expired on September Defendants assert that they have not received any initial 28 1 1 22, 2016. They also assert that Plaintiff has not requested any extension of time to serve his 2 initial disclosures or moved to modify the discovery and scheduling order. 3 On June 19, 2017, the court issued an order requiring Plaintiff to serve initial 4 disclosures on Defendants within thirty days. (ECF No. 149.) Because a new deadline has 5 been established for Plaintiff to serve initial disclosure, Defendants’ motion to compel is moot 6 and shall be denied as such. 7 8 Accordingly, IT IS HEREBY ORDERED that Defendants’ motion to compel, filed on October 10, 2016, is DENIED as moot. 9 10 11 12 IT IS SO ORDERED. Dated: June 21, 2017 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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