Utley v. Acevedo et al

Filing 49

ORDER DIRECTING DEFENDANTS TO RESPOND ON THE MERITS TO PLAINTIFF'S JULY 17, 2016 MOTION TO COMPEL. It is hereby ordered that defendants are directed to file a response on the merits no later then August 5, 2016. Signed by Magistrate Judge Stanley A. Boone on 8/3/2016. (Hernandez, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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VANCE UTLEY,
Plaintiff,

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Case No. 1:15-cv-01086-DAD-SAB
ORDER DIRECTING DEFENDANTS TO
RESPOND ON THE MERITS TO
PLAINTIFF’S JULY 17, 2016 MOTION TO
COMPEL

v.
C.O. ACEVEDO, et al.,
Defendants.

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On June 29, 2016, Plaintiff filed a motion to compel the production of records from the

18 California Department of Corrections and Rehabilitation (CDCR). (ECF No. 41.) Plaintiff
19 noticed the motion to compel for hearing on July 20, 2016. The parties did not file a joint
20 statement re discovery disagreement or an affidavit pursuant to Local Rule 251(d). Therefore,
21 the Court vacated the July 20, 2016 hearing and Plaintiff’s motion to compel was denied without
22 prejudice on July 15, 2016. (ECF No. 43.)
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On July 17, 2016, Plaintiff filed a second motion to compel the production of records

24 from CDCR, which he titled an amended notice of motion and motion for order compelling the
25 production of records. (ECF No. 44.) Plaintiff’s counsel also filed a 251(d) declaration on July
26 17, 2016. (ECF No. 44-2.)
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On July 29, 2016, Defendants filed an opposition to Plaintiff’s motion to compel that

28 only addressed whether Plaintiff’s July 17, 2016 motion to compel was filed after the deadline

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1 for filing a motion to compel and whether the Court should deny the motion to compel as
2 untimely. Defendants requested the opportunity to oppose the motion on its merits if the Court
3 considers the merits of the motion. In the interests of judicial efficiency, the Court orders
4 Defendants to file a response on the merits to Plaintiff’s July 17, 2016 motion to compel no later
5 than August 5, 2016. The hearing on Plaintiff’s motion to compel is still scheduled for August
6 10, 2016, at 10:00 a.m. before the undersigned.
Accordingly, it is HEREBY ORDERED that Defendants are directed to file a response on

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8 the merits to Plaintiff’s July 17, 2016 motion to compel no later than August 5, 2016.
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IT IS SO ORDERED.

11 Dated:

August 3, 2016
UNITED STATES MAGISTRATE JUDGE

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