Cash v. Swingle et al

Filing 31

ORDER signed by Magistrate Judge Edmund F. Brennan on 04/15/11 ORDERING that plf's 29 Motion for Sanctions is DENIED; plf's 25 Motion for Modification of the Scheduling Order is GRANTED; the parties may conduct discovery until 06/06/11; any motions necessary to compel discovery shall be filed by that date; all requests for discovery shall be served by 05/13/11. (Benson, A.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RANDALL SCOTT CASH,
Plaintiff,

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No. CIV S-10-1082 EFB P

vs.
DOROTHY A. SWINGLE, et al.,
Defendants.

ORDER
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Plaintiff is a prisoner without counsel seeking relief for alleged civil rights violations.

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See 42 U.S.C. § 1983. He seeks an extension of the discovery deadline and sanctions against

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defendants. Dckt. Nos. 25 & 29.

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Defendants have sought and been granted two extensions of time to prepare responses to

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plaintiff’s discovery requests due to the illness and hospitalization of defense counsel. Plaintiff

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takes issue with these extensions of time, contending that they are creating undue delay and asks

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the court to “sanction the defendants by compelling them to respond to [plaintiff’s]

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interrogatories forthwith without further delay.” Dckt. No. 29 at 2. The court has no reason to

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disbelieve defense counsel’s representations, under oath, that additional time to respond to

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plaintiff’s discovery has been necessitated by defense counsel Hung’s illness. Accordingly,

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plaintiff’s motion for sanctions or for a court order compelling an immediate response is denied.
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Because the extensions of time have consumed some of the time provided for in the

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discovery and scheduling order for requesting discovery and filing motions to compel, the court

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will modify the discovery and scheduling order to provide additional time for those purposes,

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below.

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Accordingly, it is hereby ordered that:

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1. Plaintiff’s request for sanctions (Docket No. 29) is denied; and

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2. Plaintiff’s motion for modification of the scheduling order (Docket No. 25) is granted,

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and the parties may conduct discovery until June 6, 2011. Any motions necessary to

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compel discovery shall be filed by that date. All requests for discovery pursuant to Fed. R. Civ.

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P. 31, 33, 34, or 36 shall be served not later than May 13, 2011.

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DATED: April 15, 2011.

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