Valencia v. Kokor
Filing
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ORDER Granting 86 Motion to Compel, signed by Magistrate Judge Dennis L. Beck on 6/30/16. (Verduzco, M)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DANIEL G. VALENCIA,
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Plaintiff,
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ORDER GRANTING DEFENDANT
KOKOR’S MOTION TO COMPEL
v.
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No. 1:13-cv-01391 LJO DLB PC
KOKOR, et al.,
(Document 86)
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Defendants.
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Plaintiff Daniel G. Valencia (“Plaintiff”) is a California state prisoner proceeding pro se
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in this civil action pursuant to 42 U.S.C. § 1983. The action is proceeding on Plaintiff’s Second
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Amended Complaint for violation of the Eighth Amendment against Defendants Kokor and
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Sundaram.
Discovery opened as to Defendant Kokor on February 17, 2016. Pursuant to the
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Discovery and Scheduling Order, initial disclosures were to be exchanged by April 4, 2016.
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After the Court granted an extension, exhaustion-based motions are currently due by July 17,
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2016.
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On June 2, 2016, the Court issued Findings and Recommendations to grant Defendant
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Sundaram’s motion to dismiss with leave to amend. The Findings and Recommendations are
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pending.
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///
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On May 12, 2016, Defendant Kokor filed a motion to compel Plaintiff to (1) provide his
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initial disclosures; and (2) respond to exhaustion-based discovery. Defendant Kokor also asked
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for the imposition of sanctions in the amount of $382.50. Plaintiff filed a late opposition on June
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13, 2016. Defendant filed a reply on June 20, 2016, and withdrew his request to compel
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exhaustion-based discovery and impose sanctions.1 The motion is therefore ready for decision
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pursuant to Local Rule 230(l).
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DISCUSSION
Pursuant to the Court’s February 17, 2016, Discovery and Scheduling Order, the parties
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were ordered to exchange initial disclosures by April 4, 2016. On April 4, 2016, Defendant
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Kokor filed a statement with the Court indicating that he provided Plaintiff with his initial
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disclosures.
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Plaintiff, however, has not provided his initial disclosures to Defendant Kokor. Doering
Decl. ¶ 2. Plaintiff’s opposition does not address his failure.
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Accordingly, the Court GRANTS Defendant Kokor’s motion to compel. Plaintiff must
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provide Defendant Kokor with his initial disclosures within twenty-one (21) days of the date of
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service of this order. Plaintiff’s failure to comply with this order will result in the imposition of
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sanctions.
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IT IS SO ORDERED.
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Dated:
/s/ Dennis
June 30, 2016
UNITED STATES MAGISTRATE JUDGE
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L. Beck
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Defendant Kokor has received responses from Plaintiff.
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