Mitchell v. Davey, et al.

Filing 102

ORDER GRANTING Plaintiff's 101 Motion for Enlargement of Discovery Request, signed by Magistrate Judge Erica P. Grosjean on 2/15/19. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHN E. MITCHELL,

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Plaintiff,

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v.
CRM M.S. ROBICHEAUX,

Case No. 1:16-cv-01148-DAD-EPG (PC)
ORDER GRANTING PLAINTIFF’S
MOTION FOR ENLARGEMENT OF
DISCOVERY REQUEST
(ECF NO. 101)

Defendant.

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John E. Mitchell (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights
action filed pursuant to 42 U.S.C. § 1983.
On February 24, 2019, Plaintiff filed a motion for enlargement of discovery request.

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(ECF No. 101). On January 28, 2019, the Court held an initial scheduling conference. At the

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conference, the Court verbally opened discovery. Prior to receiving the Court’s scheduling

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order, Plaintiff began preparing his discovery requests pursuant to the Federal Rules of Civil

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Procedure. Plaintiff was not informed that he would be allowed no more than fifteen

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interrogatories, fifteen requests for production of documents, and ten requests for admission,

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until he received the scheduling order. Plaintiff has already served Defendant with seventeen

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interrogatory requests. Plaintiff asks that, “at the least,” the Court allow Plaintiff to serve up to

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twenty-five interrogatories, which is the amount listed in the Federal Rules of Civil Procedure.

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In order to move forward in this case in an efficient manner, and because it appears that

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Plaintiff began preparing his discovery requests after the Court orally opened discovery but

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before Plaintiff received the Court’s order limiting the number of interrogatories, the Court will

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grant Plaintiff’s request as to the interrogatories already served on Defendants. Any discovery

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served from this date forward must comply with limitations in the scheduling order.

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Accordingly, IT IS ORDERED that Plaintiff may serve up to twenty-five
interrogatories.

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IT IS SO ORDERED.
Dated:

February 15, 2019

/s/
UNITED STATES MAGISTRATE JUDGE

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