McCurdy v. California Department of Corrections and Rehabilitation et al

Filing 57

ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/12/2019 GRANTING 53 Motion for Extension of Time to Serve Requests for Discovery; GRANTING Plaintiff 30 days within which to serve requests for discovery upon defendant Thomas; DENYING 56 Motion to Compel; and EXTENDING discovery to now close on 12/15/2019 and pretrial motion deadline to now close on 3/1/2020. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES MCCURDY,

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Plaintiff,

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No. 2:17-cv-1736 TLN CKD P

v.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,

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Defendants.

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On May 9, 2019, plaintiff filed a request for an extension of time to serve requests for

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discovery upon defendant Thomas. Good cause appearing, that request will be granted. Plaintiff

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has also filed a motion to compel asking that the court order defendant Thomas to respond to

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certain requests for discovery. It appears the requests at issue were sent to Thomas after the

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expiration of the last deadline for serving requests. Therefore, Thomas was under no obligation

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to answer them. Since the court has now extended the deadline, plaintiff may re-serve any

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requests which were previously served after the last deadline.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for an extension of time to serve requests for discovery upon

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defendant Thomas (ECF No. 53) is granted.

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2. Plaintiff is granted 30 days within which to serve requests for discovery upon

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defendant Thomas. Discovery will close on December 15, 2019 with any motion to compel being

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filed by that date. The pretrial motion deadline established in this court’s March 18, 2019

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scheduling order is extended to March 1, 2020.

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3. Plaintiff’s motion to compel (ECF No. 56) is denied.
Dated: September 12, 2019

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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mccu1736.ext

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