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)

Download PDF
1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court For the Northern District of California 10 11 No. MDL 05-01699 CRB 12 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, 14 15 / This document relates to: 16 Harril Glen Scott, 12-2033 ____________________________________/ 17 18 19 The Court is in receipt of a Motion Requesting a 90 Day Extension of Time to Obtain 20 Required Medical Records for Good Cause from pro se Plaintiff Harril Glen Scott. See Mot. 21 (dkt. 52). Defendant Pfizer filed an opposition to this motion. See Opp’n (dkt. 53). 22 Plaintiff requests an extension of time in order to comply with the Court’s Pretrial 23 Order No. 31. See Mot. at 1. While Plaintiff has asked for and received an extension in the 24 past, see Order (dkt. 35), he maintains that he needs additional time to obtain his medical 25 records to comply with the Pretrial Order, see Mot. at 1-2. Plaintiff has submitted documents 26 demonstrating that he is actively trying to obtain his medical records, including letters sent to 27 the medical record archives department of the Texas Department of Criminal Justice 28 Institutional Division, and a writ of mandamus he filed seeking an order to compel production of his records. See id., Exs. 1 Defendant objects to the extension, arguing that Plaintiff has had ample time to obtain 2 his records, and that Plaintiff has not shown that he will ever obtain his records. Opp’n at 2. 3 Further, Defendant points out that, if the extension is denied, Plaintiff will still have at least 4 two months to provide the medical records after Defendant files a Compliance Motion with 5 the Special Master. Id. 6 The Court will grant Plaintiff’s motion; however, the Court provides an extension of 7 only 30 days. Moreover, this is the final extension for additional time to obtain medical 8 records that the Court will grant to Plaintiff. If Plaintiff cannot obtain his records within the 9 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 10 dismissed. 11 Good cause appearing therefor, the Court GRANTS Plaintiff’s Motion for an 12 Extension of Time for 30 days from the date of this Order to provide the required evidence. 13 IT IS SO ORDERED. 14 15 Dated: November 19, 2012 CHARLES R. BREYER UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 G:\CRBALL\2005\1699\ordersmisc\order re scott2 11-14-12.wpd

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?