Lyons v. Folsom Mercy Hospital

Filing 68

ORDER signed by Magistrate Judge Kendall J. Newman on 03/04/13 denying 67 plaintiff's Motion. Plaintiff is instructed to file no further motions or documents in this case until so directed by the court. (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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BART LYONS,

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Plaintiff,

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No. 2:11-cv-0268 GEB KJN P

vs.
FOLSOM MERCY HOSPITAL, et al.,

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Defendants.

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ORDER
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In a “motion” filed February 21, 2013, plaintiff requests that the court issue

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subpoenas requiring the parties and others to produce certain documents, apparently in

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anticipation of trial. Plaintiff’s motion is untimely if construed as a discovery motion, because

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discovery closed in this action on September 12, 2012. Plaintiff’s motion is also untimely if

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construed as trial subpoenas, because this case is currently pending for decision on defendants’

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motion for summary judgment. Moreover, plaintiff’s general request for a “three-month

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extension” is ill-timed because there will be no further activity in this case until the court reaches

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a decision on the pending motion for summary judgment, which is now fully briefed.

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For these several reasons, IT IS HEREBY ORDERED that plaintiff’s “motion”

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filed February 21, 2013 (Dkt. No. 67), is denied. Plaintiff is instructed to file no further motions

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or documents in this case until so directed by the court.

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DATED: March 4, 2013

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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lyon0268.misc.3

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