Flynn v. Canlas, et al.

Filing 42

ORDER Regarding 41 Joint Statement Following Meet-and-Confer; ORDER Directing Plaintiff to File Further Status Report, signed by Magistrate Judge Barbara A. McAuliffe on 8/13/18. Status Report Due: 9/10/2018. (Gonzalez, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID FLYNN, 12 Case No. 1:16-cv-01052-AWI-BAM (PC) Plaintiff, 13 v. 14 ORDER REGARDING JOINT STATEMENT FOLLOWING MEET-AND-CONFER CANLAS, et al, (ECF No. 41) 15 Defendants. 16 ORDER DIRECTING PLAINTIFF TO FILE FURTHER STATUS REPORT Status Report Due: September 10, 2018 17 18 19 20 Plaintiff David Flynn (“Plaintiff”) is a former state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On July 9, 2018, Plaintiff filed a motion to compel pursuant to Federal Rule of Civil 21 Procedure 37(a)(3)(B). (ECF No. 39.) On July 11, 2018, the Court issued an order directing the 22 parties to meet and confer regarding the discovery dispute, and to file a joint statement following 23 the parties’ conference. The Court further stayed briefing on Plaintiff’s motion to compel. (ECF 24 No. 40.) 25 Currently before the Court is the parties’ Joint Statement Regarding Motion to Compel. 26 (ECF No. 41.) The parties indicate that the motion to compel was resolved in full through the 27 meet and confer process, and Defendant has agreed to produce full responses to the subject 28 written discovery requests by August 24, 2018. Plaintiff requests that the Court maintain his 1 1 motion to compel on the docket in the event Defendant fails to provide responses, or the 2 responses are insufficient, at which time Plaintiff will request a ruling on the motion to compel. 3 (Id.) 4 The Court finds it appropriate to maintain Plaintiff’s motion to compel on the docket, and 5 briefing on the motion will remain stayed. The Court further finds that it will be beneficial to 6 receive a further status report from Plaintiff indicating whether he has received sufficient 7 responses from Defendant, and whether he intends to withdraw or request a ruling on his motion 8 to compel. Should Plaintiff receive sufficient discovery responses prior to the deadline, Plaintiff 9 should promptly inform the Court that the motion to compel may be withdrawn from the docket. 10 Should Plaintiff find the discovery responses insufficient and request a ruling on the motion, the 11 Court will allow Defendant an opportunity to file an opposition. 12 Accordingly, IT IS HEREBY ORDERED as follows: 13 1. Briefing on Plaintiff’s motion to compel (ECF No. 41) remains stayed until further 14 15 order of the Court; 2. On or before September 10, 2018, Plaintiff shall file a further status report regarding 16 his motion to compel, as set forth above. 17 18 19 IT IS SO ORDERED. Dated: /s/ Barbara August 13, 2018 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 2

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