Lipsey v. Kalil, et al.

Filing 56

ORDER signed by Magistrate Judge Allison Claire on 10/22/21 ORDERING that within 21 days of the service of this order, plaintiff shall file either (1) an opposition to defendants motion for summary judgment or statement of non-opposition or (2) a motion to compel discovery responses that complies withthe instructions outlined above.(Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER LIPSEY, JR.,

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No. 2:17-cv-1429 TLN AC P

Plaintiff,

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v.

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M. KALIL, et al.,

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ORDER

Defendants.

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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42

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U.S.C. § 1983. On October 5, 2021, the court ordered plaintiff to file and serve an opposition to

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defendants’ motion for summary judgment or a statement of non-opposition. ECF No. 54.

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Plaintiff has now responded to that order stating that he is still waiting for defendants to serve him

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with discovery responses as ordered by the court. ECF No. 55. It appears that plaintiff

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misunderstood this court’s previous order.

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By order filed September 13, 2021, the undersigned vacated plaintiff’s motion for

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sanctions and to compel discovery responses and granted defendants’ motion to stay discovery,

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except to the extent that plaintiff was permitted to file a motion to compel responses to discovery

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related to the exhaustion of his administrative remedies. ECF No. 51. In other words, defendants

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were not required to provide plaintiff with any further discovery, but plaintiff was allowed to file

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a motion to compel responses to his exhaustion-related discovery requests. Plaintiff was advised
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that any motion to compel would have to be limited to responses to discovery requests that are

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related to exhaustion. necessary for plaintiff to defend against the motion for summary judgment,

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“and have not been satisfied by the exhibits to the motion for summary judgment.” Id. at 2

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(emphasis in original). In light of plaintiff’s response, it appears that he believes responses to

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some of his discovery requests are necessary to allow him to respond to the motion for summary

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judgment. He will therefore be given an opportunity to file either a response to the motion for

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summary judgment or a motion to compel the responses he believes are necessary to defend

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against the motion for summary judgment.

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If plaintiff files a response to the motion for summary judgment, all discovery shall

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remain stayed pending resolution of the summary-judgment motion. In the event plaintiff files a

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motion to compel, briefing on the motion for summary judgment will be stayed pending

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resolution of the motion to compel. If plaintiff chooses to file a motion to compel, it must

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specifically identify which responses defendants have provided that he believes are deficient and

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why he believes they are deficient. Plaintiff is further reminded that any responses he seeks to

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compel must (1) be related to exhaustion, (2) be necessary to defend against the motion for

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summary judgment, and (3) not have been satisfied by the exhibits to the motion for summary

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judgment.”

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Accordingly, IT IS HEREBY ORDERED that within twenty-one days of the service of

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this order, plaintiff shall file either (1) an opposition to defendants’ motion for summary judgment

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or statement of non-opposition or (2) a motion to compel discovery responses that complies with

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the instructions outlined above. Failure to comply with this order will result in a recommendation

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that this action be dismissed without prejudice for failure to prosecute pursuant to Federal Rule of

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Civil Procedure 41(b).

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DATED: October 22, 2021

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