Scott v. Keller

Filing 112

ORDER signed by Magistrate Judge Peggy A. Leen on 4/15/10 GRANTING Deft's request to respond to discovery. Deft's deadline to respond to Pltf's Interrogatories is extended to and including 5/17/10. (Owen, K)

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EDMUND G. BROWN JR., State Bar No. 37100 Attorney General of California KENNETH R. WILLIAMS, State Bar No. 73170 Supervising Deputy Attorney General MISHA D. IGRA, State Bar No. 208711 Deputy Attorney General 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Defendants Wagner, Rohrer, Keller, Noriega, and Moser IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION Case No. 2:07-CV-00184 KJD PAL DEFENDANTS' REQUEST FOR 21-DAY Plaintiff, EXTENSION OF TIME TO RESPOND TO DISCOVERY

MAURICE SCOTT,

v. MTA KELLER,

Defendants.

Defendants Wagner, Rohrer, Keller, Noriega, and Moser (Defendants) respectfully request a twenty-one (21) day extension of time to respond to Interrogatories propounded by Plaintiff before this Court issued its Order regarding discovery on March 31, 2010. (Docket #110.) As further set forth in the attached declaration of Defendants' counsel, Plaintiff propounded eight sets of new discovery while Defendants' Motion for Protective Order (Docket #70) regarding seventy-five pages of previously-propounded discovery was still pending. Specifically, Plaintiff propounded three new sets of Requests for Admissions and five new sets of Interrogatories. Defendants have prepared and served responses to all three sets of Requests for Admissions, but require additional time to prepare and serve responses to the five sets of /// 1
Request for Extension of Time (2:07-CV-00184 KJD)

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Interrogatories. The current deadline is April 26, 2010, but Defendants respectfully request an extension of time to and including May 17, 2010, to serve their responses. This is Defendants' first request for an extension of time to respond to discovery. This request is not made for an improper purpose, and a decision by this Court to grant the request will not cause prejudice to Plaintiff's case or unduly delay the prosecution of this action. Because the Plaintiff is incarcerated, the undersigned did not consult with him prior to submitting this request. Dated: April 14, 2010 Respectfully submitted, EDMUND G. BROWN JR. Attorney General of California KENNETH R. WILLIAMS Supervising Deputy Attorney General /s/ Misha D. Igra MISHA D. IGRA Deputy Attorney General Attorneys for Defendants

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Request for Extension of Time (2:07-CV-00184 KJD)

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DECLARATION OF MISHA D. IGRA I, Misha D. Igra, declare: 1. I am currently employed by the California Department of Justice as a Deputy

Attorney General in the Correctional Law Section. I am licensed to practice before all of the courts of the State of California, as well as the United States District Court for the Eastern District of California. I have personal knowledge of each of the matters set forth in this Declaration. 2. I represent Defendants Wagner, Rohrer, Keller, Noriega, and Moser (Defendants)

in the matter of Scott v. Keller, U.S.D.C. Eastern District of California, case number 2:07-CV00184 KJD PAL. 3. After Plaintiff filed a motion for additional discovery (Docket #103) before he

responds to Defendants' Motion for Summary Judgment (Docket # 93), and while Defendants' Motion for a Protective Order (Docket #70) was still pending, Plaintiff served me with eight sets of additional discovery. More specifically, on March 10, 2010, I received three sets of Requests for Admissions directed to Dr. Noriega, Dr. Rohrer, and Defendant Keller. The same day, I received five sets of Interrogatories directed to Dr. Noriega, Dr. Rohrer, Defendant Keller, Defendant Wagner, and Defendant Moser. 4. On March 31, 2010, this Court issued an Order which provides, in part, "Defendants'

Motion for Protective Order (Dkt. #70) is GRANTED. Plaintiff may serve up to twenty-five interrogatories on the Defendants and requests for admissions which comply with Rule 36 and the cases cited in this order." (Docket # 110, Order, 6:23-25.) 5. I have interpreted the March 31, 2010 Order to retroactively authorize the eight sets

of discovery received from Plaintiff on March 10, 2010, and to render moot Plaintiff's motion for additional discovery. (Docket #103.) Given the 45-day discovery timeline provided in this Court's Discovery Order (Docket #28, Order, 1:22-23), the deadline for responses is currently Monday, April 26, 2010. 6. Since receiving the Court's Order, I have prepared and served Plaintiff with

responses to all of the Requests for Admissions. But I require additional time to gather information and prepare responses to the several sets of Interrogatories. Therefore, I respectfully 3
Request for Extension of Time (2:07-CV-00184 KJD)

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request a three-week extension of time to and including May 17, 2010, to serve responses to Plaintiff's five most recent sets of Interrogatories directed to Dr. Noriega, Dr. Rohrer, Defendant Keller, Defendant Wagner, and Defendant Moser. 6. I make this request in order to be able to properly address the interrogatories, and

not for an improper purpose. 7. Due to the fact that the Plaintiff is currently incarcerated, I have not consulted with

him prior to submitting this request. I declare under penalty of perjury that the foregoing is true and correct. Executed at Sacramento, California on April 14, 2010. /s/ Misha D. Igra_____ MISHA D. IGRA
SA2008301176 30988924.doc

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Request for Extension of Time (2:07-CV-00184 KJD)

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DECLARATION OF SERVICE BY U.S. MAIL Scott v. Keller, et al. 2:07-CV-00184 KJD PAL

I am employed in the Office of the Attorney General, which is the office of a member of the California State Bar, at which member's direction this service is made. I am 18 years of age or older and not a party to this matter. I am familiar with the business practice at the Office of the Attorney General for collection and processing of correspondence for mailing with the United States Postal Service. In accordance with that practice, correspondence placed in the internal mail collection system at the Office of the Attorney General is deposited with the United States Postal Service that same day in the ordinary course of business. On April 14, 2010, I served the attached: DEFENDANTS' REQUEST FOR 21-DAY EXTENSION OF TIME TO RESPOND TO DISCOVERY

by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the internal mail collection system at the Office of the Attorney General at 1300 I Street, Suite 125, P.O. Box 944255, Sacramento, CA 94244-2550, addressed as follows: Maurice Scott, J-43336 California State Prison - Solano P.O. Box 4000 Vacaville, CA 95696-4000 In Pro Per I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct and that this declaration was executed on April 14, 2010, at Sacramento, California. ______D. Jones______ Declarant
SA2008301176 30990449.doc

______/s/ D. Jones______ Signature

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1 [Proposed] Order (2:07-CV-00184 KJD)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA Case No. 2:07-CV-00184 KJD PAL Plaintiff, v. MTA KELLER, Defendants. [PROPOSED] ORDER

MAURICE SCOTT,

Good cause appearing, Defendants' Request for Extension of Time to Respond to Discovery is GRANTED. Defendants' deadline to serve responses to Plaintiff's Interrogatories directed to Dr. Noriega, Dr. Rohrer, Defendant Keller, Defendant Wagner, and Defendant Moser is extended to and including May 17, 2010.

April 15, 2010 Dated: ___________________________

__________________________ The Honorable Peggy A. Leen

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DECLARATION OF SERVICE BY U.S. MAIL Scott v. Keller, et al. 2:07-CV-00184 KJD PAL

I am employed in the Office of the Attorney General, which is the office of a member of the California State Bar, at which member's direction this service is made. I am 18 years of age or older and not a party to this matter. I am familiar with the business practice at the Office of the Attorney General for collection and processing of correspondence for mailing with the United States Postal Service. In accordance with that practice, correspondence placed in the internal mail collection system at the Office of the Attorney General is deposited with the United States Postal Service that same day in the ordinary course of business. On April 14, 2010, I served the attached: [PROPOSED] ORDER

by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the internal mail collection system at the Office of the Attorney General at 1300 I Street, Suite 125, P.O. Box 944255, Sacramento, CA 94244-2550, addressed as follows: Maurice Scott, J-43336 California State Prison - Solano P.O. Box 4000 Vacaville, CA 95696-4000 In Pro Per I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct and that this declaration was executed on April 14, 2010, at Sacramento, California. ______D. Jones______ Declarant
SA2008301176 30990449.doc

______/s/ D. Jones______ Signature

2 [Proposed] Order (2:07-CV-00184 KJD)