Villery v. California Department of Corrections, et al.

Filing 47

ORDER GRANTING Defendants' 46 Motion for an Extension of Time to Respond to Discovery, signed by Magistrate Judge Barbara A. McAuliffe on 12/20/17. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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8 JARED M. VILLERY,

Case No. 1:15-cv-00987-DAD-BAM (PC)

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ORDER GRANTING DEFENDANTS’
REQUEST FOR AN EXTENSION OF TIME
TO RESPOND TO DISCOVERY

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Plaintiff,
v.
JEFFREY BEARD, et al.,

(ECF No. 46)

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Defendants.
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Plaintiff Jared M. Villery is a state prisoner proceeding pro se and in forma pauperis in this

16 civil rights action pursuant to 42 U.S.C. § 1983.
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Currently before the Court is Defendants’ request for an extension of time for their

18 obligation to respond to Plaintiff’s Requests for Admission, Set One, propounded on December 3,
19 2017. Plaintiff has not yet responded to this motion, but the Court finds no need for a response, and
20 finds no prejudice to Plaintiff in considering this motion. Local Rule 230(l).
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Defendants seek an extension until forty-five days after the parties’ informal telephonic

22 discovery conference before the Court to respond, arguing that the conference will impact the scope
23 of their obligation to respond.
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Defense counsel declares in support that collectively the requests were approximately 264

25 pages long, and consisted of anywhere from 60 to 102 requests per Defendant, totaling over 1,150
26 requests. Although the parties have met and conferred, Defendants dispute the amount and
27 substance of the requests, and seek an order extending their time to respond on grounds of economy
28 of time and expense.

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The Court finds good cause shown to grant the request to relief Defendants of their

2 obligation to respond to the Requests for Admission, Set One, pending the outcome of the informal
3 telephonic conference.
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Accordingly, it is HEREBY ORDERED that Defendant’s request for an extension of time to

5 respond to discovery is granted. Defendants are relieved of their obligation to respond to Plaintiff’s
6 Requests for Admissions Set One, until February 26, 2018.
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8 IT IS SO ORDERED.
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Dated:

/s/ Barbara

December 20, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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