Caesar v. Beard, et al.

Filing 70

ORDER REQUIRING Defendants to Respond to Plaintiff's Motion for Reconsideration signed by Magistrate Judge Barbara A. McAuliffe on 5/15/2018. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANNY CAESAR,

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Plaintiff,
v.
LOPEZ, et al.,
Defendants.

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Case No.: 1:13-cv-01726-DAD-BAM (PC)
ORDER REQUIRING DEFENDANTS TO
RESPOND TO PLAINTIFF’S MOTION FOR
RECONSIDERATION
(Doc. 69)

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Plaintiff Danny Caesar is a state prisoner proceeding pro se and in forma pauperis in this civil
rights action pursuant to 42 U.S.C. § 1983.
On March 21, 2018, the Court directed the parties to meet and confer regarding Plaintiff’s

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then-pending motion to compel. (Doc. 66.) On April 20, 2018, Defendants timely filed a response to

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that order, discussing the meet and confer. (Doc. 67.) On April 24, 2018, the Court denied Plaintiff’s

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motion to compel regarding the remaining disputes. (Doc. 68.)

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Currently before the Court is Plaintiff’s motion for reconsideration of the order denying his

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motion to compel, filed on May 7, 2018. (Doc. 69.) In the motion, Plaintiff asserts that counsel had

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agreed certain items would be produced during the meet and confer process, but he has not received

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most of them and is uncertain as to when they will be provided. As a result, Plaintiff asserts that he

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requires an extension of the discovery deadline, current set for May 22, 2018, (Doc. 55), pending the

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receipt of the additional productions. Plaintiff also seeks reconsideration of his request for sanctions

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pursuant to Federal Rule of Civil Procedure 37.
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Based on the foregoing, the Court finds it appropriate to require a response from Defendants

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regarding Plaintiff’s motion, to be filed within twenty-one (21) days. Any outstanding productions

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should be provided to Plaintiff by that date, and the response should advise the Court if there are any

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remaining issues of dispute.

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Plaintiff will be permitted to reply to Defendants’ response within fourteen (14) days of it

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being served. Plaintiff may also re-state in his reply what kind of discovery deadline extension he

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requires, if any, and state his reason for the extension request. The parties may also advise the Court

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whether they have stipulated to any agreed, reasonable deadline extension(s).

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Accordingly, it is HEREBY ORDERED that within twenty-one (21) days of the date of this

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order, Defendants shall file a response to Plaintiff’s motion for reconsideration, as described above.

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Plaintiff shall also be permitted fourteen (14) days from the response to file a reply, as described

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above.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

May 15, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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