Scott v. Pfizer Pharmaceutical

Filing 57

ORDER by Judge Charles R. Breyer granting (52) in case 3:12-cv-02033-CRB. (crblc1, COURT STAFF) (Filed on 11/19/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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No. MDL 05-01699 CRB

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ORDER RE MOTION REQUESTING
90 DAY EXTENSION OF TIME TO
COMPLETE DISCOVERY

IN RE BEXTRA AND CELEBREX
13 MARKETING, SALES PRACTICES AND
PRODUCT LIABILITY LITIGATION,
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/
This document relates to:

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Harril Glen Scott, 12-2033
____________________________________/
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The Court is in receipt of a Motion Requesting a 90 Day Extension of Time to Obtain

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Required Medical Records for Good Cause from pro se Plaintiff Harril Glen Scott. See Mot.

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(dkt. 52). Defendant Pfizer filed an opposition to this motion. See Opp’n (dkt. 53).

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Plaintiff requests an extension of time in order to comply with the Court’s Pretrial

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Order No. 31. See Mot. at 1. While Plaintiff has asked for and received an extension in the

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past, see Order (dkt. 35), he maintains that he needs additional time to obtain his medical

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records to comply with the Pretrial Order, see Mot. at 1-2. Plaintiff has submitted documents

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demonstrating that he is actively trying to obtain his medical records, including letters sent to

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the medical record archives department of the Texas Department of Criminal Justice

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Institutional Division, and a writ of mandamus he filed seeking an order to compel
production of his records. See id., Exs.

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Defendant objects to the extension, arguing that Plaintiff has had ample time to obtain

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his records, and that Plaintiff has not shown that he will ever obtain his records. Opp’n at 2.

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Further, Defendant points out that, if the extension is denied, Plaintiff will still have at least

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two months to provide the medical records after Defendant files a Compliance Motion with

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the Special Master. Id.

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The Court will grant Plaintiff’s motion; however, the Court provides an extension of

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only 30 days. Moreover, this is the final extension for additional time to obtain medical

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records that the Court will grant to Plaintiff. If Plaintiff cannot obtain his records within the

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30 days, he will still have at least two months to obtain the records until his claims may be

United States District Court
For the Northern District of California

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dismissed.

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Good cause appearing therefor, the Court GRANTS Plaintiff’s Motion for an

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Extension of Time for 30 days from the date of this Order to provide the required evidence.

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IT IS SO ORDERED.

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Dated: November 19, 2012

CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

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