Jones v. Arnette, et al.

Filing 137

ORDER DENYING Plaintiff's 135 Motion to Compel as Untimely and Deficient; ORDER DENYING Defendants' 136 Request for Extension of Time as MOOT signed by Magistrate Judge Gary S. Austin on 5/6/2023. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JEREMY JONES,

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Plaintiff,

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vs.
ARNETTE, et al.,

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Defendants.

1:16-cv-01212-ADA-GSA-PC
ORDER DENYING PLAINTIFF’S MOTION TO
COMPEL AS UNTIMELY AND DEFICIENT
(ECF No. 135.)
ORDER DENYING DEFENDANTS’ REQUEST
FOR EXTENSION OF TIME AS MOOT
(ECF No. 136.)

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I.

BACKGROUND

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Jeremy Jones (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

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with this civil rights action pursuant to 42 U.S.C. § 1983 and the Americans with Disabilities Act

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(ADA), 42 U.S.C. § 12132. This case now proceeds with Plaintiff’s ADA claims against

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Defendants Keener, Gonzalez, Flores, Arnett, and Zamora; Plaintiff’s Eighth Amendment claims

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against Defendants Keener and Gonzalez; Plaintiff’s ADA and equal protection claims against

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defendant Zamora; and Plaintiff’s due process claims against Defendants Keener and Gonzalez.

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On March 31, 2023, Plaintiff filed a motion to compel. (ECF No. 135.) On April 28,

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2023, counsel for Defendants Arnett, Flores, Gonzalez, Zamora, and Keener (“Defendants”)
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requested leave of Court to file a late response to Plaintiff’s motion to compel, if the Court deems

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that an opposition brief is necessary or desirable. (ECF No. 136.)
The parties’ motions are now before the Court. Local Rule 230(l).

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II.

MOTION TO COMPEL

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On March 31, 2023, Plaintiff filed a motion to compel Defendants to produce documents

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from their personnel files pertaining to any complaints, investigations, and disciplinary actions

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taken in accordance with Senate Bill No. 1421, for purposes of impeachment. (ECF No. 135.)

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Plaintiff’s motion is untimely. The deadline to conduct discovery, including the filing of

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motions to compel, was March 12, 2023, pursuant to the Court’s Discovery and Scheduling Order

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issued on September 12, 2022. (ECF No. 133.) Thus, the discovery deadline expired on March

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12, 2023, 19 days before Plaintiff filed his motion to compel.

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Moreover, Plaintiff’s motion to compel is deficient. Plaintiff has not properly informed

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the court which discovery requests and responses are at issue by restating them in the motion to

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compel. Most discovery requests and responses are exchanged between parties, outside of the

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court, and Local Rules prohibit the filing of discovery documents as a matter of course. As a

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result, the court is not informed of the parties’ discovery unless it at issue, such as in a motion to

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compel.

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Plaintiff is advised that when he brings a motion to compel, he must inform the court

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which discovery requests and responses are at issue by restating them word-for-word in the

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motion to compel.

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information sought is relevant and why the responding party’s objections were not meritorious.
Plaintiff’s motion to compel shall be denied as untimely and deficient.

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For each disputed response, Plaintiff is required to discuss why the

III.

DEFENDANTS’ REQUEST

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Counsel for Defendants requests leave of Court to file a late response to Plaintiff’s motion

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to compel if the Court deems that an opposition brief is necessary or desirable. Given that

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Plaintiff’s motion to compel shall be denied by this order as untimely and deficient, the Court

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finds no good cause to require a response from Defendants at this stage of the proceedings.

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Therefore, Counsel’s request shall be denied as moot.
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IV.

CONCLUSION

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Based on the foregoing, IT IS HEREBY ORDERED that:

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Plaintiff’s motion to compel, filed on March 31, 2023, is denied as untimely and
deficient; and

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Defendants’ request for leave to file a late response to Plaintiff’s motion to
compel, filed on April 28, 2023, is denied as moot.

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IT IS SO ORDERED.
Dated:

May 6, 2023

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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