Hayles v. Wheatherford

Filing 51

ORDER signed by Magistrate Judge John F. Moulds on 07/07/11 ordering plaintiff's 12/23/10 and 04/13/11 motions to compel 42 , 50 are denied. Plaintiff's request for sanctions is denied. Plaintiff's 03/01/11 motion for default 45 is denied. Within 21 days from the date of this order, plaintiff shall file an opposition to defendants' 12/21/10 motion for summary judgment. Defendants' reply, if any, shall be filed 7 days thereafter. (Plummer, 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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TROY HAYLES,
Plaintiff,

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vs.

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No. 2:09-cv-3061 JFM (PC)

DR. ERICA WHEATHERFORD, et al.,
Defendants.

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ORDER
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Pending before the court are two motions to compel and a motion for default filed

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by plaintiff. Plaintiff’s motions arise from defendants’ allegedly insufficient responses to

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plaintiff’s discovery requests and defendants’ failure to timely comply with this court’s

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November 16, 2010 discovery order. Plaintiff speculates that defendants failed to submit

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additional documents responsive to his discovery requests. However, plaintiff does not

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demonstrate that these documents in fact exist.
Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s December 23, 2010 and April 13, 2011 motions to compel are denied;

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2. Plaintiff’s request for sanctions is denied;

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3. Plaintiff’s March 1, 2011 motion for default is denied;

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4. Within twenty-one days from the date of this order, plaintiff shall file an opposition to

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defendants’ December 21, 2010 motion for summary judgment. Plaintiff may proceed under the

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assumption that he has seen all material responsive to his discovery requests; and

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5. Defendants’ reply, if any, shall be filed seven days thereafter.

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DATED: July 7, 2011.

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/014;hayl3061.mtc2

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