Moncrief v. California Department of Corrections and Rehabiliation et al
ORDER signed by Magistrate Judge Allison Claire on 04/05/17 ordering plaintiffs requests for additional discovery 119 , 120 are granted only to theextent that defendants shall notify the court, within twenty-one days of the filing of this order,w hether a CDC 7371 dated November 15, 2010, exists for plaintiff. If there is such a CDC 7371form, defendants shall provide plaintiff with a copy of the form within twenty-one days of thedate of this order. The requests are otherwise denied. Plaintiffs motion for additional depositions 121 is denied. Discovery will notbe re-opened. (Plummer, M)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
JOHN PHILIP MONCRIEF,
No. 2:12-cv-0414 MCE AC P
CALIFORNIA DEPARTMENT OF
REHABILITATION, et al.,
Plaintiff has filed motions to conduct additional discovery, stating that it is necessary to
establish his claims in opposition to defendants’ motion for summary judgment. ECF Nos. 119,
120. Specifically, plaintiff claims that there is a CDC 7371 transfer notice, dated November 15,
2010, which put the defendants on notice regarding his chronic medical conditions. ECF No. 120
at 1. Although plaintiff has been previously advised that discovery is closed (ECF No. 116),
defendants will be directed to advise whether there is a CDC 7371 form for plaintiff dated
November 15, 2010, and if so, to provide the form to the plaintiff within twenty-one days of this
Additionally, plaintiff has filed a request to conduct additional depositions. ECF No. 121.
On December 23, 2015, this court granted the parties an extension of time to conduct party
depositions and advised that discovery would only be re-opened for that limited purpose. ECF
No. 75. The deadline to conduct depositions was February 12, 2016. Id. Discovery is now
closed and will not be re-opened.
The request to conduct additional depositions also indicates that plaintiff either believes
that there are additional defendants or that he is trying to amend the complaint to add additional
defendants. Plaintiff is advised that Frias, Gorham, and Grounds are the only defendants in this
action. ECF No. 72. If plaintiff wants to add additional defendants, he must file a motion to
amend the complaint and include a copy of his proposed amended complaint, along with an
explanation of why he should be permitted to amend at this late date, especially considering that
he has amended the complaint on three prior occasions and had assistance of counsel in doing so.
See ECF Nos. 9, 34, 55.
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff’s requests for additional discovery (ECF Nos. 119, 120) are granted only to the
extent that defendants shall notify the court, within twenty-one days of the filing of this order,
whether a CDC 7371 dated November 15, 2010, exists for plaintiff. If there is such a CDC 7371
form, defendants shall provide plaintiff with a copy of the form within twenty-one days of the
date of this order. The requests are otherwise denied.
2. Plaintiff’s motion for additional depositions (ECF No. 121) is denied. Discovery will not
DATED: April 5, 2017
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