Phelps v. United States Genearl Services Agency et al

Filing 78

ORDER re: Discovery Dispute. Signed by Judge Jeffrey S. White on 11/30/09. (jjo, COURT STAFF) (Filed on 11/30/2009)

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Case3:07-cv-01055-JSW Document77 Filed11/18/09 Page1 of 2 1 J OSEPH P. RUSSONIELLO, CSBN 44332 United States Attorney 2 J OANN M. SWANSON, CSBN 88143 Chief, Civil Division 3 EDWARD A. OLSEN, CSBN 214150 Assistant United States Attorney 4 1301 Clay Street, Suite 340S 5 Oakland, California 94612 Telephone: (510) 637-3697 6 FAX: (510) 637-3724 7 Attorneys for the United States of America 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 CURTIS PHELPS, 12 Plaintiff , 13 v. 14 15 PAUL PROUTY, Acting Administrator of the United States General Services Administration, 16 D ef en d a n t . 17 18 ) ) No. C 07-1055-JSW ) ) ) [PROPOSED] ORDER REGARDING ) DISCOVERY DISPUTE ) ) ) ) ) This matter has come before the Court on a discovery dispute that was summarized by the 19 parties in a letter submitted to the Court on November 9, 2009, pursuant to this Court's Civil 20 Standing Orders. 21 On September 1, 2009, counsel for the government served requests for production of 22 documents and interrogatories on counsel for plainitiff. On September 14, 2009, government 23 counsel served requests for admission on counsel for plaintiff. After plaintiff's counsel expressed 24 his need for more time to serve his responses to the government's discovery requests, government 25 counsel agreed to extend the due date for plaintiff's responses to October 20, 2009. After 26 plaintiff's counsel again expressed his need for even more time to serve his responses to the 27 government's discovery requests, government counsel agreed to another extension of the due date 28 for plaintiff's discovery respones, this time to October 26, 2009. Government counsel did not ORDER REGARDING DISCOVERY DISPUTE C 07-1055-JSW Case3:07-cv-01055-JSW Document77 Filed11/18/09 Page2 of 2 1 receive plaintiff's discovery responses by October 26, 2009. 2 Government counsel then received an email from plaintiff's counsel on November 2, 2009, 3 advising that "[w]e will have discovery responses to you by this Wednesday, as it is still being 4 gathered and put together." Government counsel did not receive the discovery responses by 5 November 4, 2009 as promised by plaintiff's counsel. 6 On November 9, 2009, plaintiff's counsel advised government counsel that his client was still 7 gathering documents that are responsive to the government's discovery requests, that he would 8 promptly provide government counsel with his discovery responses, and that he had no objection 9 to extending the fact discovery cut-off for the government and the government only from 10 November 20, 2009, to December 18, 2009. The government has still not received the plaintiff's 11 discovery responses. 12 IT IS HEREBY ORDERED that plaintiff serve his complete discovery responses on counsel 13 for the government no later than November 20, 2009, or he will face immediate sanctions. 14 Furthermore, the discovery deadline for the government and the government only is hereby 15 extended to December 28, 2009. 16 17 18 Dated: November 30 2009 ___, 19 20 21 22 23 24 25 26 27 28 ______________________________ J EFFREY S. WHITE United States District Judge IT IS SO ORDERED.

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