Munson v. State of California

Filing 74

ORDER signed by Magistrate Judge Edmund F. Brennan on 12/2/2013 ORDERING that plaintiff's 70 opposition to defendants' 7/29/13 request for additional discovery is both untimely and moot. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNETH MUNSON,

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No. 2:09-cv-0478-JAM-EFB P

Plaintiff,
v.

ORDER

STATE OF CALIFORNIA, et al.,
Defendants.

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Plaintiff Kenneth Munson is a former state prisoner proceeding with counsel in an action

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brought under the Americans with Disabilities Act and the Rehabilitation Act. On October 17,

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2013, after receiving the parties’ Joint Pretrial Statement, the court issued a Pretrial Order. ECF

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No. 69. That order granted defendant’s July 29, 2013 request for additional discovery, to which

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plaintiff had not objected. Id. at 9-10. The order also granted the parties fourteen days within

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which to file any objections to the Pretrial Order. Id. at 11. Neither party filed objections to that

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order, which is now final. Plaintiff, however, filed an “opposition” to defendant’s request for

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additional discovery. ECF No. 70. Because the court has already granted defendant’s July 29,

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2013 request for additional discovery, plaintiff’s October 18, 2013 opposition to that request is

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both untimely and moot.

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So ordered.

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Dated: December 2, 2013.

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