Moncrief v. California Department of Corrections and Rehabiliation et al

Filing 122

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)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN PHILIP MONCRIEF,

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Plaintiff,

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No. 2:12-cv-0414 MCE AC P

v.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,

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Defendants.

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Plaintiff has filed motions to conduct additional discovery, stating that it is necessary to

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establish his claims in opposition to defendants’ motion for summary judgment. ECF Nos. 119,

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120. Specifically, plaintiff claims that there is a CDC 7371 transfer notice, dated November 15,

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2010, which put the defendants on notice regarding his chronic medical conditions. ECF No. 120

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at 1. Although plaintiff has been previously advised that discovery is closed (ECF No. 116),

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defendants will be directed to advise whether there is a CDC 7371 form for plaintiff dated

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November 15, 2010, and if so, to provide the form to the plaintiff within twenty-one days of this

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order.

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Additionally, plaintiff has filed a request to conduct additional depositions. ECF No. 121.

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On December 23, 2015, this court granted the parties an extension of time to conduct party

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depositions and advised that discovery would only be re-opened for that limited purpose. ECF
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No. 75. The deadline to conduct depositions was February 12, 2016. Id. Discovery is now

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closed and will not be re-opened.

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The request to conduct additional depositions also indicates that plaintiff either believes

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that there are additional defendants or that he is trying to amend the complaint to add additional

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defendants. Plaintiff is advised that Frias, Gorham, and Grounds are the only defendants in this

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action. ECF No. 72. If plaintiff wants to add additional defendants, he must file a motion to

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amend the complaint and include a copy of his proposed amended complaint, along with an

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explanation of why he should be permitted to amend at this late date, especially considering that

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he has amended the complaint on three prior occasions and had assistance of counsel in doing so.

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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

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extent that defendants shall notify the court, within twenty-one days of the filing of this order,

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whether a CDC 7371 dated November 15, 2010, exists for plaintiff. If there is such a CDC 7371

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form, defendants shall provide plaintiff with a copy of the form within twenty-one days of the

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date of this order. The requests are otherwise denied.

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2. Plaintiff’s motion for additional depositions (ECF No. 121) is denied. Discovery will not

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be re-opened.

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DATED: April 5, 2017

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