Dickson v. Gomez et al

Filing 73

ORDER Reinstating Briefing on 70 Plaintiff's Motion to Compel, signed by Magistrate Judge Barbara A. McAuliffe on 06/18/2021. Twenty-One Day Deadline. (Maldonado, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER DICKSON,

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Plaintiff,

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ORDER REINSTATING BRIEFING ON
PLAINTIFF’S MOTION TO COMPEL

v.

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Case No. 1:17-cv-00294-DAD-BAM (PC)

GOMEZ, et al.,

(ECF No. 70)
TWENTY-ONE (21) DAY DEADLINE

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Defendants.

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Plaintiff Christopher Dickson (“Plaintiff”) is a state prisoner proceeding pro se and in

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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds

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against Defendants Gomez, Rios, and Martinez for excessive force and against Defendants

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Duncan and Esparza for violations of Plaintiff’s due process rights.
On May 21, 2021, Plaintiff filed a motion for an order compelling discovery. (ECF No.

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70.) On May 25, 2021, the Court issued an order directing the parties to meet and confer

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regarding the discovery dispute, and to file a joint statement following the parties’ conference.

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The Court stayed further briefing on Plaintiff’s motion to compel. (ECF No. 71.)
The parties’ Joint Discovery Report, filed on June 16, 2021, detailed six discovery issues

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that remain unresolved following the meet and confer phone call. (ECF No. 72.) The joint

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statement is signed by Plaintiff and counsel for Defendants. (Id.)

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Having considered the representations of the parties, the Court finds it appropriate to

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reinstate briefing on Plaintiff’s motion to compel regarding the remaining six discovery issues

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only. Any discovery issues already resolved during the meet and confer process need not be

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briefed.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Within twenty-one (21) days from the date of service of this order, Defendants shall

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file an opposition or statement of non-opposition to Plaintiff’s motion to compel

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discovery, (ECF No. 70), including copies of the original discovery requests and

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responses remaining at issue; and

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2. Plaintiff shall file his reply, if any, within seven (7) days from the date of filing of
Defendants’ response or opposition to the motion to compel.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

June 18, 2021

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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