Diaz v. Cate et al

Filing 46

ORDER denying 43 Request forleave to propound additional interrogatories filed by Sergio Diaz. Signed by Judge Charles R. Breyer on 4/15/2013. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 4/15/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SERGIO DIAZ, AA8053,

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Plaintiff(s),

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v.
MATTHEW CATE, et al.,
Defendant(s).

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No. C 11-3459 CRB (PR)
ORDER
(Docket #43)

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On October 29, 2012, defendants filed a motion for summary judgment on

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plaintiff’s Eighth Amendment claim that he was deprived of various basic needs

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while on contraband surveillance watch. Since then, plaintiff has sought and

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obtained three extensions of time (totaling five months) to submit his opposition

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to the motion. His last deadline to file an opposition was March 29, 2013; but

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rather than file one, he filed a fourth request for additional time to conduct further

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discovery.

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For the reasons set forth in defendants’ opposition to plaintiff’s request for

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leave to propound additional interrogatories and for an additional extension of

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time, plaintiff’s request (docket # 43) is DENIED. Plaintiff shall file an

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opposition by no later than May 3, 2013 and defendants shall file a reply within

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14 days thereafter. No further extensions of time will be entertained.

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SO ORDERED.

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DATED: April 15, 2013
CHARLES R. BREYER
United States District Judge

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