(PC)Appleby v. Farhat

Filing 51

ORDER signed by Magistrate Judge Dennis M. Cota on 08/29/2024 GRANTING 41 Motion to Compel and GRANTING 50 Motion for Extension of Time. Within 30 days of the date of this Order, Plaintiff is DIRECTED to serve responses to Defendant's fir st set of interrogatories and first set of requests for production of documents. Briefing on Defendant's motion for summary judgment remains SUSPENDED. Within 30 days after service of Plaintiff's responses to outstanding discovery requests, Defendant may file a new motion for summary judgment, a motion to re-open discovery, or a notice that Defendant intends to stand on the currently pending motion for summary judgment. (Lopez, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TONY APPLEBY,

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No. 2:20-CV-02113-WBS-DMC-P

Plaintiff,

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v.

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ALEX FARHAT,

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ORDER

Defendant.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action. Pending

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before the Court is Defendant's motion to compel, ECF No. 41, and Plaintiff's motion for an

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extension of time, ECF No. 50. Both motions are unopposed.
In his motion to compel, Defendant argues that Plaintiff has not served responses

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to written discovery requests. See ECF No. 41. Defendant's counsel has filed a declaration in

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support of Defendant's motion indicating that, as of the date the motion to compel was filed, no

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responses to discovery had been received from Plaintiff. See id. at 10-11. Plaintiff has filed a

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motion for an extension of time to obtain medical records responsive to Defendant's discovery

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requests. See ECF No. 50.

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Good cause appearing therefor, the Court will grant Defendant's unopposed

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motion to compel and Plaintiff's unopposed motion for an extension of time to provide discovery

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responses.

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Accordingly, IT IS HEREBY ORDERED as follows:

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1.

Defendant's unopposed motion to compel, ECF No. 41, is granted.

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2.

Plaintiff's unopposed motion for an extension of time, ECF No. 50, is

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Within 30 days of the date of this order, Plaintiff shall serve responses to

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granted.

Defendant's first set of interrogatories and first set of requests for production of documents.

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4.

Briefing on Defendant's motion for summary judgment remains suspended.

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5.

Within 30 days after service of Plaintiff's responses to outstanding

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discovery requests, Defendant may file a new motion for summary judgment, a motion to re-open

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discovery, or a notice that Defendant intends to stand on the currently pending motion for

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summary judgment.

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Dated: August 29, 2024

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DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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