Franks v. Kelso et al

Filing 34

ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/08/18 GRANTING 27 Motion to re-open discovery only in the following respects: Defendant shall submit a response to plaintiffs second request for production of documents 28 to plaintiff within 30 days. If defendant, in his response, asserts that certain materials are privileged as trial preparation material under Federal Rule of Civil Procedure 26(b)(3), defendant shall comply with the terms of Rule 26(b)(5). If plaintiff has grounds to challenge the defendants response, he may file a motion to compel within 30 days of service thereof. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TOM MARK FRANKS,

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No. 2:17-cv-1056 KJM CKD P

Plaintiff,
v.

ORDER

J. CLARK KELSO, et al.,
Defendants.

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Plaintiff has filed a motion titled “Motion to Re-Open Discovery.” Plaintiff asserts that he

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learned “months” after the discovery deadline passed that three potential witnesses in this case

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were questioned “on behalf of the defense” after the deadline for serving discovery requests

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passed. Plaintiff would like “any records of the questioning” and has submitted a proposed

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request for production of documents.

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Good cause appearing, IT IS HEREBY ORDERED that plaintiff’s September 7, 2018
“Motion to Re-Open Discovery” (ECF No. 27) is granted only in the following respects:
1. Defendant shall submit a response to plaintiff’s “second request for production of
documents” (ECF No. 28) to plaintiff within 30 days.

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2. If defendant, in his response, asserts that certain materials are privileged as trial

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preparation material under Federal Rule of Civil Procedure 26(b)(3), defendant shall comply with

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the terms of Rule 26(b)(5).
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3. If plaintiff has grounds to challenge the defendant’s response, he may file a motion to

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compel within 30 days of service thereof.

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Dated: November 8, 2018

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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fran1056.mro

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