Lopez v. Schwarzenneger

Filing 157

ORDER signed by Magistrate Judge Gregory G. Hollows on 10/10/12 ORDERING that Plaintiffs request to exceed the 25-interrogatory limit of Fed. R. Civ. P. 33(a) is GRANTED and plaintiff may propound an additional ten interrogatories, for a total of 35 per defendant, by no later than October 25, 2012, after which defendants must serve their responses within thirty days; Any subpart to an interrogatory must be subsumed within or necessarily related to the primary question1; otherwise, the subpart is a discrete and separate interrogatory; With respect to plaintiffs requests for production to which defendants object, the parties are to file a joint statement by no later than October 20, 2012, see L.R. 251(c); The October 15, 2012 discovery deadline is VACATED and a hearing on the discovery dispute is set for October 25, 2012, at 10 a.m., before the undersigned.(Dillon, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANDREW RICK LOPEZ, 11 Plaintiff, 12 No. CIV S-09-1760 MCE GGH P vs. 13 ARNOLD SCHWARZENEGGER, et al., 14 Defendants. 15 ORDER / 16 Plaintiff, a state prisoner represented by counsel, seeks relief pursuant to 42 17 U.S.C. § 1983. The parties sought and stipulated to a telephonic discovery conference before the 18 undersigned on October 5, 2012. Following the conference, the court makes the following 19 ORDERS: 20 1. Plaintiff’s request to exceed the 25-interrogatory limit of Fed. R. Civ. P. 33(a) 21 is granted and plaintiff may propound an additional ten interrogatories, for a total of 35 per 22 defendant, by no later than October 25, 2012, after which defendants must serve their responses 23 within thirty days; 24 \\\\\ 25 \\\\\ 26 \\\\\ 1 1 2. Any subpart to an interrogatory “must be subsumed within” or “necessarily 2 related to” the “primary question”1; otherwise, the subpart is a discrete and separate 3 interrogatory; 4 5 3. With respect to plaintiff’s requests for production to which defendants object, the parties are to file a joint statement by no later than October 20, 2012, see L.R. 251(c); 6 4. The October 15, 2012 discovery deadline is vacated and a hearing on the 7 discovery dispute is set for October 25, 2012, at 10 a.m., before the undersigned. 8 DATED: October 10, 2012 9 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 10 11 GGH:009 lope1760.ord 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 Safeco of America v. Rawstron, 181 F.R.D. 441, 444 (C.D. Cal. 1998). 2

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