Singanonh v. Fine et al

Filing 49

ORDER signed by Magistrate Judge Allison Claire on 4/29/2021 DENYING defendants 47 motion to compel and GRANTING defendants 48 motion to modify the discovery and scheduling order to the extent the discovery and dispositive motion deadlines ar e modified as followed: a. The 3/1/2021, deadline to serve requests pursuant to Fed.R.Civ.P. 31 (deposition by written question), 33 (interrogatories), 34 (production of documents), or 36 (admissions) is re-opened for the limited purpose of allowi ng defendant to re-serve his written requests for discovery. b. Defendant may re-serve his written requests for discovery by 5/7/2021. c. Any motions necessary to compel discovery shall be filed by 7/6/2021. d. All pretrial motions, except motions to compel discovery, shall be filed on or before 9/28/2021. The Clerk shall update the docket entry for ECF No. 42 to reflect that plaintiff's address is 864 E. Belgravia Ave., Apt. #D, Fresno, CA 93706. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TIENGKHAM SINGANONH,

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Plaintiff,

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No. 2:18-cv-1824 KJM AC P

v.

ORDER

R. FINE, et al.,

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Defendants.

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

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42 U.S.C. § 1983. Defendant Fine has filed a motion to modify the discovery and scheduling

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order to extend the deadlines for discovery and dispositive motions by ninety days. ECF No. 48.

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Defendant seeks to extend the deadlines on the grounds that plaintiff has failed to respond to

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discovery, there is a pending motion to compel, and it appears that plaintiff has failed to update

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his address because defendant’s requests for discovery, letter regarding plaintiff’s failure to

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respond to discovery, and motion to compel were all returned by the postal service. ECF No. 48-

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Review of defendant’s certificates of service shows that he has been serving plaintiff at

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the wrong address. ECF No. 48-2 at 10, 15, 17-18, 25. Plaintiff’s address of record is 864 E.

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Belgravia Ave., Apt. #D, Fresno, CA 93706. ECF No. 42. However, defendant has been serving

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plaintiff at 864 E. Belgravia Ave., Apt. #D, Clovis, CA 93619. ECF No. 48-2 at 10, 15, 17-18,
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25. It appears that rather than looking at the notice of change of address itself, defendant relied

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upon a docket entry which incorrectly reflects plaintiff’s address as 864 E. Belgravia Ave., Apt.

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#D, Clovis, CA 93619. See ECF Nos. 41 (docket notation containing correct address, as

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submitted in another case brought by plaintiff) and 42 (docket notation containing incorrect

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address, although linked notice submitted by plaintiff provides correct Fresno address) (both

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dated September 2, 2020).1 It therefore appears that plaintiff has not received any of defendant’s

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correspondence through no fault of his own. In light of these circumstances, defendant’s motion

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to compel will be denied, defendant will be given an opportunity to re-serve his discovery

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requests, and the deadlines from the discovery and scheduling order will be modified

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appropriately.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendant’s motion to compel, ECF No. 47, is DENIED.

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2. Defendant’s motion to modify the discovery and scheduling order is GRANTED to

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the extent the discovery and dispositive motion deadlines are modified as followed:

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a. The March 1, 2021, deadline to serve requests pursuant to Federal Rules of

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Civil Procedure 31 (deposition by written question), 33 (interrogatories), 34

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(production of documents), or 36 (admissions) is re-opened for the limited

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purpose of allowing defendant to re-serve his written requests for discovery.

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b. Defendant may re-serve his written requests for discovery by May 7, 2021.

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c. Any motions necessary to compel discovery shall be filed by July 6, 2021.

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d. All pretrial motions, except motions to compel discovery, shall be filed on or

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before September 28, 2021.

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3. The Clerk of the Court is directed to update the docket entry for ECF No. 42 to reflect

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that plaintiff’s address is 864 E. Belgravia Ave., Apt. #D, Fresno, CA 93706.

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DATED: April 29, 2021

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The docket header reflects plaintiff’s correct address in Fresno.
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