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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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 REGARDING JOINT STATEMENT
FOLLOWING MEET-AND-CONFER

CANLAS, et al,

(ECF No. 41)

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Defendants.

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ORDER DIRECTING PLAINTIFF TO FILE
FURTHER STATUS REPORT
Status Report Due: September 10, 2018

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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

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Procedure 37(a)(3)(B). (ECF No. 39.) On July 11, 2018, the Court issued an order directing the

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parties to meet and confer regarding the discovery dispute, and to file a joint statement following

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the parties’ conference. The Court further stayed briefing on Plaintiff’s motion to compel. (ECF

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No. 40.)

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Currently before the Court is the parties’ Joint Statement Regarding Motion to Compel.

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(ECF No. 41.) The parties indicate that the motion to compel was resolved in full through the

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meet and confer process, and Defendant has agreed to produce full responses to the subject

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written discovery requests by August 24, 2018. Plaintiff requests that the Court maintain his
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motion to compel on the docket in the event Defendant fails to provide responses, or the

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responses are insufficient, at which time Plaintiff will request a ruling on the motion to compel.

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(Id.)

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The Court finds it appropriate to maintain Plaintiff’s motion to compel on the docket, and

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briefing on the motion will remain stayed. The Court further finds that it will be beneficial to

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receive a further status report from Plaintiff indicating whether he has received sufficient

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responses from Defendant, and whether he intends to withdraw or request a ruling on his motion

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to compel. Should Plaintiff receive sufficient discovery responses prior to the deadline, Plaintiff

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should promptly inform the Court that the motion to compel may be withdrawn from the docket.

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Should Plaintiff find the discovery responses insufficient and request a ruling on the motion, the

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Court will allow Defendant an opportunity to file an opposition.

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Accordingly, IT IS HEREBY ORDERED as follows:

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1. Briefing on Plaintiff’s motion to compel (ECF No. 41) remains stayed until further

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order of the Court;
2. On or before September 10, 2018, Plaintiff shall file a further status report regarding

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his motion to compel, as set forth above.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

August 13, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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