Coleman v. California Department of Correction and Rehabilitation et al

Filing 90

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 3/31/2016 and agreed between the parties to EXTEND defendants' deadline for responding to plaintiff's 1/13/2016, interrogatories, requests for admissions, and request for documents to 4/29/2016, and the discovery to 5/15/2016. (Yin, K)

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KAMALA D. HARRIS, State Bar No. 146672
Attorney General of California
MISHA D. IGRA, State Bar No. 208711
Supervising Deputy Attorney General
MICHELLE M. MAYER, State Bar No. 233830
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants deRoco and Virga

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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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SACRAMENTO DIVISION
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ROBERT COLEMAN,

2:13-cv-1021-JAM-KJN

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Plaintiff, STIPULATION AND ORDER
EXTENDING DEADLINE FOR
DEFENDANTS’ DISCOVERY
RESPONSES AND DISCOVERY
DEADLINE

v.

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CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,

Judge:
Honorable Kendall J. Newman
Action Filed: May 22, 2013

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Defendants.
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Under Federal Rules of Civil Procedure 6(b)(1)(A) and Local Rules 143 and 144, the

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parties have met and conferred and stipulate to a thirty-one day extension, up to and including

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April 29, 2016, for Defendants to respond to Plaintiff’s discovery requests, including Plaintiff’s

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interrogatories, request for admissions, and request for production of documents. The current

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deadline is March 29, 2016. The parties further stipulate to extend the current discovery deadline

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from April 22, 2016, to May 15, 2016 (ECF No. 82 ¶ 6.)

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When an act must be done within a specified time, the court may, for good cause, extend

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the time with or without motion or notice if the court acts, or if a request is made, before the

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original time expires. Fed. R. Civ. P. 6(b)(1)(A). Good cause exists to grant this extension

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because, despite defense counsel’s diligence, she will not be able to respond to Plaintiff’s

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discovery requests by the current due date of March 29, 2016. Defense counsel has been working

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diligently with the Litigation Coordinator at California State Prison-Sacramento (SAC), however,

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SAC is not able to copy and produce potentially responsive documents by that date. Further,

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upon receipt of those documents, Defendants’ counsel will need additional time to review them,

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potentially prepare a privilege log, a supporting declaration, and then prepare them for

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production. Defendants need an additional thirty days to respond to Plaintiff’s discovery

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requests, which is one-week after the discovery deadline, and the parties have agreed to this

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extension.

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After the Plaintiff receives and reviews Defendants’ discovery responses, he may need time

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to prepare a motion to compel further discovery, therefore, the parties stipulate to an extension of

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the current discovery deadline, from April 22, 2016, until May 15, 2016. This short extension

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will not affect the dispositive motion deadline, which is the only remaining scheduled deadline.

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(ECF No. 82.)

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Accordingly, the parties stipulate that Defendants’ deadline for responding to Plaintiff’s

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January 13, 2016, interrogatories, requests for admissions, and a request for documents will be

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April 29, 2016, and the discovery deadline will be extended to May 15, 2016.

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IT IS SO STIPULATED:
Dated: March 28, 2016

/s/ Robert Coleman
Robert Coleman (H-00031)
Plaintiff Pro Se

Dated: March 28, 2016

-/s/ Michelle M. Mayer
Michelle M. Mayer
Deputy Attorney General
Attorney for Defendants deRoco and Virga

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IT IS SO ORDERED.

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Dated: March 31, 2016

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cole1021.stip.dsc