VanDyke v. Sisto et al

Filing 43

ORDER signed by Senior Judge Justin L. Quackenbush on 8/26/10 ORDERING pltfs Motion to Compel Interrogatories 35 is DENIED. (Carlos, K)

(PC) VanDyke v. Sisto et al

Doc. 43

1 2 3 4 5 6 7 8 9 10 11 12 13 BEFORE THE COURT is Plaintiff's Motion to Compel Responses to Interrogatories 14 (Ct. Rec. 35). On August 20, 2010, Defendants responded, indicating that due to an 15 oversight by counsel, responses were not completed or served in a timely fashion, but that 16 the responses have now been served. Ct. Rec. 41. The court notes that on August 17, 2010 Plaintiff filed another motion to compel 17 18 relating to the Defendants' responses to the request for production of documents, which 19 notably, were served one day before the extension deadline imposed by the court. Plaintiff's 20 motion indicates that prior to filing the motion he sent a letter to defense counsel informing 21 him of his problem with certain responses and willingness to seek compromise, but that 22 defense counsel had not responded as of August 9, 2010. Ct. Rec. 40. Within 10 days, and prior to filing any response to this second motion to compel, 23 24 defense counsel shall confer with Plaintiff, respond to Plaintiff's letter, and attempt to resolve 25 the discovery dispute without the necessity of court order. Defendant's response to the 26 motion to compel shall advise the court of parties' efforts to resolve the discovery dispute. ORDER - 1
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA BRADLEY VAN DYKE, Plaintiff, v. D.K. SISTO, et al., Defendants. NO. CV-08-3120-JLQ ORDER RE: MOTIONS TO COMPEL

1

The responses having been received, Plaintiff's Motion to Compel Interrogatories (Ct.

2 Rec. 35) is DENIED, including the request for sanctions. 3 IT IS SO ORDERED. The District Court Executive is directed to enter this Order DATED this 26th day of August 2010. s/ Justin L. Quackenbush JUSTIN L. QUACKENBUSH SENIOR UNITED STATES DISTRICT JUDGE

4 and provide a copy to Plaintiff and counsel. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER - 2