Garcia v. Garcia, et al.

Filing 40

ORDER GRANTING Plaintiff's 39 Request for Extension of Time to Respond to Defendants' Discovery Requests; Forty-Five (45) Day Deadline; ORDER DIRECTING Defendants' to Re-Serve Courtesy Copies of April 9, 2019 Discovery Requests on Plaintiff; Seven (7) Day Deadline signed by Magistrate Judge Barbara A. McAuliffe on 8/10/2020. (Sant Agata, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

MARCO A. GARCIA,

12

Plaintiff,

FORTY-FIVE (45) DAY DEADLINE

v.

14

ORDER GRANTING PLAINTIFF’S
REQUEST FOR EXTENSION OF TIME TO
RESPOND TO DEFENDANTS’ DISCOVERY
REQUESTS
(ECF No. 39)

Defendants.

13

GARCIA, et al.,

15
16

ORDER DIRECTING DEFENDANTS TO RESERVE COURTESY COPIES OF APRIL 9,
2019 DISCOVERY REQUESTS ON
PLAINTIFF

17
18

SEVEN (7) DAY DEADLINE

19
20

Case No. 1:17-cv-01313-BAM (PC)

Plaintiff Marco A. Garcia (“Plaintiff”) is a state prisoner proceeding pro se and in forma

21

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

22

Plaintiff’s complaint against Defendants Garcia and Bursiaga for excessive force in violation of

23

the Eighth Amendment. All parties have consented to Magistrate Judge jurisdiction and the case

24

has been reassigned to the undersigned for all further purposes and proceedings, including trial

25

and entry of judgment. (ECF No. 28.)

26

On April 9, 2019, Plaintiff was served with: Defendant Bursiaga’s Special Interrogatories

27

(Set One) and Request for Production of Documents (Set One) and Defendant Garcia’s Special

28

Interrogatories (Set One) and Request for Production of Documents (Set One). (Declaration of
1

1

Matthew P. Bunting, ECF No. 31-1, Exhibits 1–4.) Plaintiff did not respond. (Id. ¶ 7.) Plaintiff

2

also did not respond to a meet and confer letter from defense counsel. (Id. ¶ 10.)
On July 10, 2019, Defendants filed a motion to compel regarding Plaintiff’s failure to

3
4

respond to their discovery requests. (ECF No. 31.) The Court stayed briefing on the motion to

5

compel and ordered the parties to meet and confer, but the parties were unable to resolve the

6

dispute. (ECF Nos. 32, 33.) The Court reinstated briefing on the motion to compel, but Plaintiff

7

failed to file an opposition or otherwise communicate with the Court. Accordingly, on June 19,

8

2020, the Court granted Defendants’ motion to compel and ordered Plaintiff to serve answers and

9

responses to the outstanding discovery requests within thirty days.1 (ECF No. 38.)
Currently before the Court is Plaintiff’s request for extension of deadline, filed July 17,

10
11

2020. (ECF No. 39.) The deadline for Defendants to file an opposition or other response has

12

expired, and the motion is deemed submitted. Local Rule 230(l).

13

In his motion, Plaintiff states that his failure to file a response was not due to

14

unwillingness on his part, but merely a lack of knowledge and the current environment in the

15

prison. (ECF No. 39.) Plaintiff states that his building has been on medical isolation for two and

16

a half months due to precautionary measures after an officer that works in the building contracted

17

COVID-19. Plaintiff states that the facility has been on a modified program since March, which

18

included closure of access to the law library. During this time, Plaintiff also lost a lot of his

19

paperwork and legal materials due to cell searches and staff confiscating items, such as metal

20

clips on envelopes, that are considered contraband. Plaintiff states that he was not able to respond

21

to anything due to the medical isolation and COVID-19 quarantine, but he would like to litigate

22

this action. Plaintiff requests that “all that stuff they want” be re-served, as well as an extension

23

of time to respond. (Id.)

24

Plaintiff does not specify the length of extension requested, nor is it clear to the Court

25

whether he is seeking an extension of time to oppose Defendants’ motion to compel or merely an

26

1

27
28

In the same order, the Court also granted Defendants’ request for sanctions, assessed reasonable
expenses in the amount of $615.00 against Plaintiff, and stayed the order assessing reasonable
expenses. (ECF No. 38.) The Court further extended the discovery and dispositive motion
deadlines. (Id.)
2

1

extension of time to respond to the discovery requests. Nevertheless, given the current procedural

2

posture of this matter, the Court construes the motion as a request for an extension of time to

3

respond to Defendants’ discovery requests.2
Having considered the request, and in light of Defendants’ failure to file an opposition, the

4
5

Court finds good cause to extend the deadline for Plaintiff to respond to Defendants’ written

6

discovery requests. The Court also finds good cause to grant Plaintiff’s request for re-service of

7

Defendants’ discovery requests.

8

Accordingly, IT IS HEREBY ORDERED as follows:
1. Plaintiff’s motion for extension of time to respond to Defendants’ written discovery

9
10

request, (ECF No. 39), is GRANTED;

11

2. Defendants shall re-serve a courtesy copy of the April 9, 2019 discovery requests on

12

Plaintiff within seven (7) days from the date of service of this order;

13

3. Plaintiff’s responses to the discovery requests shall be served on Defendants (but not filed

14

with the Court) within forty-five (45) days from the date of service of this order; and

15

4. If Plaintiff fails to comply with this order, Defendants are not precluded from

16

seeking appropriate sanctions, up to and including terminating sanctions, pursuant

17

to Federal Rule of Civil Procedure 37(b)(2).

18
19

IT IS SO ORDERED.

20

Dated:

August 10, 2020

/s/ Barbara

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

21
22
23
24
25
26
27
28

2

To the extent Plaintiff is requesting an extension of time to oppose the motion to compel, the
Court notes that Plaintiff’s opposition was due on or before April 20, 2020, nearly four months
ago. As the deadline has long since expired, the Court does not find good cause for an extension
of this deadline.
3