Moore v. Gipson et al

Filing 83

ORDER Regarding Plaintiff's Status Report and Motion for Court Order and Directing the Parties to Meet and Confer 82 ; ORDER STAYING Briefing on Plaintiff's Motion for Court Order, signed by Magistrate Judge Barbara A. McAuliffe on 6/20/2018: 30-Day Deadline. (Hellings, J)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MERRICK JOSE MOORE, Case No. 1:13-cv-01820-DAD-BAM (PC) 12 Plaintiff, ORDER REGARDING PLAINTIFF’S STATUS REPORT AND MOTION FOR COURT ORDER, AND DIRECTING THE PARTIES TO MEET AND CONFER 13 v. 14 GIPSON, et al., 15 (ECF No. 82) Defendants. ORDER STAYING BRIEFING ON PLAINTIFF’S MOTION FOR COURT ORDER 16 17 18 19 20 Plaintiff Merrick Jose Moore (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On August 8, 2017, Defendants filed a motion to compel pursuant to Federal Rule of Civil 21 Procedure 37(a)(3)(B). (ECF No. 43.) On October 5, 2017, the Court issued an order directing 22 the parties to meet and confer regarding the discovery dispute, and to file a joint statement 23 following the parties’ conference. The Court stayed further briefing on Defendants’ motion to 24 compel. (ECF No. 48.) 25 Following the parties’ meet and confer and the filing of multiple status reports with no 26 resolution of the dispute, on January 3, 2018, the Court reinstated briefing on Defendants’ 27 pending motion to compel. (ECF No. 59.) On February 7, 2018, the Court granted the motion to 28 compel and ordered Plaintiff to serve supplemental discovery responses within thirty (30) days. 1 1 (ECF No. 64.) 2 Thereafter, Plaintiff asserted continued difficulty in accessing his property, in part due to 3 lack of access to his law library and several transfers between institutions. Accordingly, the 4 Court granted two more extensions of time for Plaintiff to serve his discovery responses. (ECF 5 No. 72, 81.) 6 Currently before the Court is Plaintiff’s status report and request for a court order 7 directing prison officials to comply with his discovery requests, filed June 14, 2018. (ECF No. 8 82.) Plaintiff argues that despite repeated requests, he has been unable to access his legal 9 property or medical records in order to provide his supplemental discovery responses. (Id.) 10 Upon review of the motion referenced above, and in light of the lengthy nature of this 11 dispute, the Court finds it appropriate to require the parties to engage in a meet and confer 12 conference regarding Plaintiff’s continued difficulty in accessing his legal property and medical 13 file. Defense counsel is directed to contact Plaintiff by telephone, or to set-up an in-person 14 meeting, regarding the parties’ discovery dispute within twenty-one (21) days of the date of this 15 order. Briefing on the motion is stayed during the meet and confer process, and Defendants are 16 relieved of their obligation to respond to the motion until further order of the court. Within seven (7) days of the parties’ conference, defense counsel shall file a Joint 17 18 Statement regarding the meet and confer conference. All parties shall participate in the 19 preparation of the Joint Statement, and must sign the Joint Statement. Electronic signatures are 20 acceptable; a wet signature is not required. 21 The Joint Statement shall set forth the following: 22 (a) a statement that the parties met and conferred in good faith regarding the dispute, by 23 phone or in-person, including the date(s) of the conference(s); 24 25 (b) a statement explaining whether the motion was resolved in full or in part through the meet and confer process; and 26 (c) if any issues from the motion remain unresolved, a statement referring the court to 27 each specific request or portion of Plaintiff’s property that is still at issue. 28 /// 2 1 Upon review of the Joint Statement, the court shall issue a further order regarding the 2 motion. No additional filings may be made regarding the motion unless and until ordered by the 3 court. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. 6 The parties are ordered to meet and confer regarding Plaintiff’s motion for a court order, (ECF No. 82), as outlined above; 7 2. 8 order of the court; 9 3. 10 11 Defendants are relieved of their obligation to respond to the motion until further Within thirty (30) days of the date of service of this order, a Joint Statement shall be filed in this matter as outlined above; and 4. The parties are warned that the failure to meet and confer in good faith as set 12 forth in this order, or to comply with any of its terms, will result in the imposition of 13 sanctions. 14 15 16 IT IS SO ORDERED. Dated: /s/ Barbara June 20, 2018 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 3

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