(PC) Tevin L. Harris v. Valencia et al

Filing 88

ORDER signed by Magistrate Judge Kendall J. Newman on 10/19/21 AFFIRMING the 9/09/21 order granting defendants motion for an extension of time to respond to plaintiffs interrogatories; DENYING 84 Motion for Sanctions; AFFIRMING the 10/05/21 order granting defendants motion to depose plaintiff by remote means; GRANTING 85 Motion for Extension of time. Plaintiff shall serve defendant with his responses to these discovery requests on or before November 23, 2021. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TEVIN LEE HARRIS,

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No. 2: 19-cv-1751 JAM KJN P

Plaintiff,
v.

ORDER

R. VALENCIA, et al.,
Defendants.

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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

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to 42 U.S.C. § 1983. Several matters are pending before the court.

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Plaintiff’s Objections, Motion to Compel and Motion for Sanctions (ECF No. 84)

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On September 3, 2021, defendant filed a motion for an extension of time to respond to

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plaintiff’s first set of interrogatories. (ECF No. 76.) On September 9, 2021, the undersigned

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granted defendant’s motion for extension of time and ordered defendant to respond to the

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interrogatories by September 28, 2021. (ECF No. 78.)

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In the pending objections, plaintiff objects to defendant’s request for an extension of time

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to respond to his interrogatories. Plaintiff also requests that the court “invoke a sanction or

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sanctions that prohibits the defendant with counsel from stooping to unprofessional, inadequate

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and prejudicial disingenuous act of any litigation misconduct…” (ECF No. 84 at 1.) Plaintiff

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also argues that defendant should be compelled to respond to his interrogatories. (Id. at 1-2.)
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Plaintiff argues that defendant should be prohibited from serving him with vague and non-

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responsive responses to his interrogatories. (Id. at 2.)

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Having considered plaintiff’s objections to defendant’s request for extension of time to

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respond to his interrogatories, the September 9, 2021 order granting defendant’s request for

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extension of time is affirmed.

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Plaintiff’s motion to compel and motion for sanctions are related to defendant’s response

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to his interrogatories. However, it is clear that plaintiff filed the motion for sanctions and motion

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to compel before receiving defendant’s response to his interrogatories. For this reason, plaintiff’s

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motion for sanctions and motion to compel defendant to provide adequate responses to his

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interrogatories are premature. Plaintiff may file a motion to compel, and for sanctions if

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appropriate, if he is dissatisfied with defendant’s responses to his interrogatories.

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Plaintiff’s Objections to Defendant’s Motion to Depose Plaintiff by Remote Means (ECF Nos.

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86, 87)
On October 1, 2021, defendant filed a motion to depose plaintiff by remote means. (ECF

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No. 82.) On October 5, 2021, the undersigned granted this motion. (ECF No. 83.)
On October 12, 2021 and October 15, 2021, plaintiff filed objections to defendant’s

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motion to depose him by remote means. (ECF Nos. 86, 87.) After considering plaintiff’s

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objections, the undersigned affirms the October 5, 2021 order granting defendant’s motion to

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depose plaintiff by remote means.

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Plaintiff’s Motion for Extension of Time to Respond to Defendant’s Interrogatories (ECF No.

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85)

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Plaintiff requests an extension of time to respond to defendant’s interrogatories. Plaintiff

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alleges that he received the interrogatories (set one) on September 9, 2021. Plaintiff alleges that

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his responses are due on October 25, 2021. Plaintiff requests until November 23, 2021 to respond

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to defendant’s interrogatories. However, plaintiff also alleges that he responded to defendant’s

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interrogatories on September 26, 2021. Plaintiff alleges that he is seeking an extension of time to

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respond to defendant’s request for production of documents (set one).

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In an abundance of caution, plaintiff is granted an extension until November 23, 2021, to

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serve defendant with his responses to defendant’s interrogatories (set one) and request for

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production of documents (set one).

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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The September 9, 2021 order granting defendant’s motion for an extension of time to
respond to plaintiff’s interrogatories is affirmed;

2. Plaintiff’s motion to compel and motion for sanctions (ECF No. 84) are denied as
premature;
3. The October 5, 2021 order granting defendant’s motion to depose plaintiff by remote
means is affirmed;
4. Plaintiff’s motion for an extension of time to respond to defendant’s interrogatories

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(set one) and request for production of documents (set one) (ECF No. 85) is granted;

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plaintiff shall serve defendant with his responses to these discovery requests on or

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before November 23, 2021.

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Dated: October 19, 2021

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Harr1751.ext

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