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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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 SERGIO DIAZ, AA8053, 8 Plaintiff(s), 9 10 v. MATTHEW CATE, et al., Defendant(s). 11 ) ) ) ) ) ) ) ) ) ) No. C 11-3459 CRB (PR) ORDER (Docket #43) 12 13 On October 29, 2012, defendants filed a motion for summary judgment on 14 plaintiff’s Eighth Amendment claim that he was deprived of various basic needs 15 while on contraband surveillance watch. Since then, plaintiff has sought and 16 obtained three extensions of time (totaling five months) to submit his opposition 17 to the motion. His last deadline to file an opposition was March 29, 2013; but 18 rather than file one, he filed a fourth request for additional time to conduct further 19 discovery. 20 For the reasons set forth in defendants’ opposition to plaintiff’s request for 21 leave to propound additional interrogatories and for an additional extension of 22 time, plaintiff’s request (docket # 43) is DENIED. Plaintiff shall file an 23 opposition by no later than May 3, 2013 and defendants shall file a reply within 24 14 days thereafter. No further extensions of time will be entertained. 25 SO ORDERED. 26 DATED: April 15, 2013 CHARLES R. BREYER United States District Judge 27 28 G:\PRO-SE\CRB\CR.11\Diaz, S.11-3459.or2.wpd

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