Leonard v. Denny, et al

Filing 118

ORDER signed by Magistrate Judge Allison Claire on 11/30/2016 VACATING plaintiff's 117 amended motion to compel discovery, with leave to re-file if necessary after the parties meet and confer. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID G. LEONARD,

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Plaintiff,

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No. 2:12-cv-0915 JAM AC P

v.

ORDER

JIM DENNY, et al.,

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Defendants.

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Plaintiff is a former county and current state prisoner proceeding pro se and in forma

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pauperis in this action. Currently before the court is plaintiff’s amended motion to compel

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discovery. ECF No. 117.
The court previously vacated some of plaintiff’s motions to compel discovery with leave

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to re-file as necessary after the parties met and conferred. ECF No. 116. The court has not yet

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received notice from the defendants that the meet and confer process has taken place, and the

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motion indicates that it had not taken place as of the time of filing. Accordingly, plaintiff’s most

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recent motion will also be vacated with leave to re-file as necessary after the parties meet and

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confer.

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As previously ordered, plaintiff will have forty-five days after meeting and conferring

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with counsel for defendants to file any necessary motions to compel. Plaintiff should not file any

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more motions to compel until after that process is completed. If plaintiff needs more than the
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allotted forty-five days, he should file a motion for extension stating how much time he needs and

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explaining why he needs that amount of time. Reasonable requests for extension will be granted

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so long as they are properly supported. After submitting a motion for extension of time, plaintiff

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should continue working on any motions to compel while he waits for an order from the court

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addressing the request for extension, rather than filing whatever he has already completed at that

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time. While the court understands that plaintiff has been trying to ensure he does not miss any

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deadlines, he should refrain from filing partial motions that will need to be supplemented. Partial

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filings and constant supplementation make it more difficult both for defendants to respond and for

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the court to address the issues. Plaintiff may file fully completed motions to compel prior to

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receiving an order from the court on any pending requests for extension.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s amended motion to compel

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discovery (ECF No. 117) is vacated with leave to re-file if necessary after the parties meet and

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confer.

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DATED: November 30, 2016

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