Smith v. Sahota et al

Filing 73

ORDER denying 72 Motion to extend discovery signed by Magistrate Judge Carolyn K. Delaney on 08/30/12. (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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GREGORY SMITH,

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Plaintiff,

No. 12:10-cv-0762 KJM CKD P

vs.
PREETRAJAN SAHOTA, et al.,
Defendants.

ORDER
/

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Pending before the court is plaintiff’s motion to extend the discovery cut-off date,

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which was constructively filed on August 15, 2012 and docketed on August 24, 2012. (Dkt. No.

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72.) On August 20, 2012, this court granted defendants’ motion to modify the scheduling order,

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directing that “any motions necessary to compel discovery shall be filed by November 12, 2012,”

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and noting that “the deadline for propounding discovery requests has passed.” (Dkt. No. 71.)

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In his pending motion, which predates the August 20 order, plaintiff requests “60

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additional days of discovery . . . to and including October 28, 2012.” (Dkt. No. 72 at 2.) He

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bases this request on “the possibility” that defendants will not properly respond to his discovery

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requests. (Id.) He also seeks to pursue “additional discovery.” (Id.)

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Per its August 20 order, the court advises plaintiff that he may file a motion to
compel discovery responses by November 12, 2012; however, the deadline for propounding
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discovery requests has passed and will not be reopened.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s August 24, 2012 motion

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to extend discovery (Dkt. No. 72) is denied as moot, in light of the court’s August 20, 2012

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order.

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Dated: August 30, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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smit0762.ord2

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