Benyamini v. Hommer et al

Filing 72

ORDER signed by Magistrate Judge Allison Claire on 1/20/15 granting 70 Motion for a modification of the discovery deadline to the degree specified below. The Discovery and Scheduling Order 58 at 6 is modified to permit discovery until 4/06/15. The deadline for discovery requests is moved to 02/09/15. The Discovery and Scheduling Order 58 at 7 is modified to move the pretrial motions deadline to 07/06/15. Plaintiff's motion to extend his time for answering unidentified discovery 71 is denied without prejudice to a motion in proper form. (Plummer, 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 11 ROBERT BENYAMINI, Case No. 2:11-CV-02317 TLN AC P 12 Plaintiff, ORDER 13 v. 14 15 M.C. HAMMER, et al., 16 Defendants. 17 Defendants move to modify the court’s Discovery and Scheduling Order so as to extend the 18 19 discovery deadline from January 6, 2015 to February 20, 2015. ECF No. 70. Defendants have 20 properly supported this request, and it will be granted to the degree set forth below. Plaintiff moves for a 60-day extension of time to answer unidentified discovery requests 21 22 made by defendants. ECF No. 71. The court cannot grant this request because plaintiff has not 23 identified what discovery requests he needs more time to answer. If plaintiff is requesting an 24 open-ended order granting him an additional 60-days to any discovery that may be requested, the 25 court will not grant such an order. Instead, the court will extend the discovery deadline. If this 26 does not provide plaintiff the relief he seeks, he is free to make a motion setting forth what 27 specific discovery he needs an extension of time to answer. 28 //// 1 [Proposed] Order (2:11-CV-02317 TLN AC P) 1 Good cause having been shown, IT IS HEREBY ORDERED THAT: 2 1. 3 4 5 6 7 8 9 10 Defendants’ motion for a modification of the discovery deadline (ECF No. 70), is GRANTED to the degree specified below. 2. The Discovery and Scheduling Order (ECF No. 58 ¶¶ 6), is MODIFIED to permit discovery until April 6, 2015. The deadline for discovery requests is moved to February 9, 2015. 3. The Discovery and Scheduling Order (ECF No. 58 ¶¶ 7), is MODIFIED to move the pretrial motions deadline to July 6, 2015. 4. Plaintiff’s motion to extend his time for answering unidentified discovery (ECF No. 71), is DENIED without prejudice to a motion in proper form. DATED: January 20, 2015 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 [Proposed] Order (2:11-CV-02317 TLN AC P)

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