Flynn v. Canlas, et al.

Filing 33

ORDER Denying Defendants' 28 Motion to Compel without Prejudice; ORDER Regarding Joint Statement Regarding Motion to Compel, signed by Magistrate Judge Barbara A. McAuliffe on 12/11/17. Plaintiff's Discovery Responses Due by 1/8/2018. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID FLYNN,

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Case No. 1:16-cv-01052-AWI-BAM (PC)
Plaintiff,

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v.

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ORDER DENYING DEFENDANTS’
MOTION TO COMPEL WITHOUT
PREJUDICE
(ECF No. 28)

CANLAS, et al.,

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Defendants.

ORDER REGARDING JOINT STATEMENT
REGARDING MOTION TO COMPEL
(ECF No. 32)
Plaintiff’s Discovery Responses Due:
January 8, 2018

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Plaintiff David Flynn (“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 October 27, 2017, Defendants filed a motion to compel answers to interrogatories,

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requests for production of documents, and answers to questions at oral deposition. (ECF No. 28.)

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On October 30, 2017, the Court issued an order staying briefing on the motion to compel, and

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directing the parties to meet and confer and file a Joint Statement. (ECF No. 29.)

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On December 8, 2017, the parties filed a joint statement. (ECF No. 32.) The parties state

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that they met and conferred on December 7, 2017, and have fully resolved the motion to compel.

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Plaintiff has agreed to produce full responses to the subject written discovery responses by

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January 8, 2018. Defendants request that the Court maintain the October 27, 2017 motion to
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compel on the docket until January 8, 2018, in the event Plaintiff fails to provide sufficient

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responses. (Id.)

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The Court declines to maintain Defendants’ motion to compel on the docket. At this time,

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the parties have informed the Court that the motion to compel has been resolved in full through

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the meet and confer process. In the event that Plaintiff fails to provide sufficient discovery

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responses, Defendant may renew the motion to compel stating what issues remain unresolved and

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allowing Plaintiff an opportunity to respond.

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Accordingly, Defendants’ motion to compel, (ECF No. 28), is DENIED without
prejudice. Plaintiff’s discovery responses are due on or before January 8, 2018.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

December 11, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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