Hurlbert v. Muniz et al
Filing
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ORDER GRANTING EXTENSION OF TIME; DENYING MOTION FOR PRODUCTION OF DOCUMENTS; DENYING MOTION FOR LEAVE TO AMEND. Signed by Magistrate Judge Jacqueline Scott Corley on 8/2/2016.(ahm, COURT STAFF) (Filed on 8/1/2016)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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GRANT DALE HURLBERT,
Plaintiff,
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United States District Court
Northern District of California
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v.
WILLIAM L. MUNIZ, et al.,
Defendants.
Case No. 15-cv-04357-JSC
ORDER GRANTING EXTENSION
OF TIME; DENYING MOTION
FOR PRODUCTION OF
DOCUMENTS; DENYING
MOTION FOR LEAVE TO
AMEND
Re: Dkt. Nos. 27, 28, 31
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Plaintiff, a state prisoner at Corcoran State Prison, filed this pro se civil rights action under
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42 U.S.C. § 1983. He has filed an amended complaint against officials at Salinas Valley State
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Prison, where he was formerly housed. The amended complaint supersedes the original complaint
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and is now the operative complaint. Defendants have filed a motion for summary judgment, and
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Plaintiff has filed an opposition. Defendants’ reply brief remains due.
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Plaintiff has also filed a motion for leave to amend the complaint further to add state law
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claims against a new Defendant --- James Beard, the Secretary of the Department of Corrections
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and Rehabilitation. This motion is DENIED without prejudice to re-filing after the pending
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motion for summary judgment is resolved. If summary judgment is denied and there remain
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federal claims against the current Defendants, then the Court may exercise supplemental
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jurisdiction over Plaintiff’s state law claims 28 U.S.C. § 1367(a). If the summary judgment
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motion is granted and no more federal claims remain, the Court will not exercise supplemental
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jurisdiction over Plaintiff’s state law claims and he may bring them in state court. See 28 U.S.C. §
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1367(c)(3) (district court may decline supplemental jurisdiction over state law claims when all
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claims over which it has original jurisdiction have been dismissed).
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Good cause appearing, Defendants’ motion for an extension of time to file a reply brief, to
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and including August 2, 2016, is GRANTED.
Plaintiff has filed a motion requesting that Defendant Muniz produce documents.
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Discovery requests, including requests for production of documents, must be sent directly to
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Defendants and not filed as motions with the Court. This motion is DENIED. If a discovery
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dispute arises and the parties cannot resolve it on their own, they may file a motion to compel
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discovery as provided in the Federal Rules of Civil Procedure.
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IT IS SO ORDERED.
Dated: August 1, 2016
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JACQUELINE SCOTT CORLEY
United States Magistrate Judge
United States District Court
Northern District of California
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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GRANT DALE HURLBERT,
Case No. 15-cv-04357-JSC
Plaintiff,
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v.
CERTIFICATE OF SERVICE
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WILLIAM L. MUNIZ, et al.,
Defendants.
United States District Court
Northern District of California
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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on August 1, 2016, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.
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Grant Dale Hurlbert ID: Prisoner Id AA2825
Corcoran State Prison
P.O. Box 3466
03Bl-220U
Corcoran, CA 93212
Dated: August 1, 2016
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Susan Y. Soong
Clerk, United States District Court
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By:________________________
Ada Means, Deputy Clerk to the
Honorable JACQUELINE SCOTT CORLEY
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