Davis v. Davis

Filing 42

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/6/2014 GRANTING defendant's 41 motion to compel; plaintiff shall provide further responses to defendant's interrogatories 3, 9, 11, 12, 13, 14, 22 and 23; defendant's request that plaintiff be sanctioned is DENIED; and any further motion to compel with respect to defendant's interrogatories 3, 9, 11, 12, 13, 14, 22 and 23 must be filed no later than 14 days following service of plaintiff's supplemental responses. (Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

DONALD DAVIS,

12

Plaintiff,

13
14

No. 2:11-cv-3241 WBS CKD P

v.

ORDER

DAVIS,

15

Defendant.

16
Plaintiff is a California prisoner proceeding pro se with an action for violation of civil

17
18

rights under 42 U.S.C. § 1983. Defendant Davis has filed a motion asking that the court compel

19

plaintiff to provide further responses to defendant’s interrogatories 3, 9, 11, 12, 13, 14, 22 and 23.

20

Plaintiff has not filed an opposition to defendant’s motion.

21

Good cause appearing, IT IS HEREBY ORDERED that:

22

1. Defendant’s November 15, 2013 motion to compel (ECF No. 41) is granted.

23

2. Plaintiff shall provide further responses to defendant’s interrogatories 3, 9, 11, 12, 13,

24

14, 22 and 23 within 21 days. Failure to provide further responses, or providing incomplete or

25

evasive responses may result in dismissal of this action. Simply referring counsel for defendant

26

to a document or documents, as plaintiff did in his original responses, instead of actually

27

answering an interrogatory is generally an incomplete and evasive response.

28

/////
1

1

3. Defendant’s request that plaintiff be sanctioned is denied. However, the court will

2

revisit defendant’s request if plaintiff’s supplemental responses are incomplete, evasive or

3

otherwise made in bad faith.

4

4. Any further motion to compel with respect to defendant’s interrogatories 3, 9, 11, 12,

5

13, 14, 22 and 23 must be filed no later than 14 days following service of plaintiff’s supplemental

6

responses.

7

Dated: January 6, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

8
9
10
11
12
13

1
davi3241.mtc

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2