Tunstall v. Knowles, et al

Filing 142

ORDER signed by Magistrate Judge John F. Moulds on 5/2/11 ORDERING that 123 Motion is DENIED as moot; 127 Motion is DENIED; 136 Motion to modify the scheduling order is GRANTED; The deadline for filing dispositive motions in this action is extended to 4/29/11; Defendants 4/27/11 motion for summary judgment is deemed timely filed.(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT TUNSTALL,

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Plaintiff,

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vs.
MIKE KNOWLES, et al.,
Defendants.

ORDER
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No. 2:08-cv-3176 WBS JFM (PC)

Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to

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42 U.S.C. § 1983. On January 19, 2011, plaintiff filed a motion for a court order requiring a

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correctional counselor at California Medical Facility to permit him to review his deposition

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transcript. By order filed February 10, 2011, defendants were directed to respond to that motion

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within ten days. On February 16, 2011, defendants filed an opposition to the motion. With their

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response, defendants present evidence that plaintiff has received the transcript, reviewed, and

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sent changes back to the court reporting agency. See Declaration of Matthew W. Kubicek in

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Support of Opposition to Motion for Court Order, at ¶ 2. Plaintiff’s motion is moot and will

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therefore be denied.

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On February 9, 2011, plaintiff filed a document styled as a motion for production

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of documents. By this motion, plaintiff seeks expert testimony and documents from defendants
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concerning issues related to the cause of plaintiff’s hearing impairment. To the extent that this

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document is construed as a request for production of documents, it is improperly filed. Court

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permission is not necessary for discovery requests and that neither discovery requests served on

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an opposing party nor that party's responses should be filed until such time as a party becomes

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dissatisfied with a response and seeks relief from the court pursuant to the Federal Rules of Civil

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Procedure. Discovery requests between the parties shall not be filed with the court unless, and

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until, they are at issue. To the extent this document may be construed as a motion for a court

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order requiring defendants to provide expert witnesses, as the court explained in its February 10,

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2011 order, defendants do not have an obligation to provide expert witnesses for plaintiff. To the

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extent that this document may be construed as a motion for a court order requiring production of

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documents, plaintiff has made no showing that he previously served defendants with a proper

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discovery request. For all of these reasons, plaintiff’s February 9, 2011 motion will be denied.
On April 5, 2011, defendants filed a motion to modify the scheduling order filed

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in this action to extend the deadline for filing dispositive motions from April 8, 2011 to April 29,

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2011. On April 27, 2011, defendants filed a motion for summary judgment. Good cause

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appearing, defendants’ April 5, 2011 motion will be granted and defendants’ April 27, 2011

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motion for summary judgment deemed timely filed. Defendants’ motion shall be briefed in

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accordance with the provisions of Local Rule 230(l) and this court’s order filed March 11, 2009.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Plaintiff’s January 19, 2011 motion is denied as moot.

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2. Plaintiff’s February 9, 2011 motion is denied.

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3. Defendants’ April 5, 2011 motion to modify the scheduling order is granted.

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4. The deadline for filing dispositive motions in this action is extended to April

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29, 2011.

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/////

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5. Defendants’ April 27, 2011 motion for summary judgment is deemed timely

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filed. Said motion shall be briefed in accordance with the provisions of Local Rule 230(l) and

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this court’s order filed March 11, 2009.

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DATED: May 2, 2011.

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tuns3176.o3

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