Buchanan v. Raschke et al

Filing 34

ORDER Granting 31 Motion to Compel. Discovery due by 6/12/2012. Motions due by 7/12/2012. Proposed Joint Pretrial Order due by 8/13/2012. Signed by Magistrate Judge George Foley, Jr on 4/12/12. (Copies have been distributed pursuant to the NEF - ASB)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JAMES JEFFREY BUCHANAN,

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Plaintiff,
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vs.
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LAS VEGAS METROPOLITAN POLICE
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DEPARTMENT, et al.,
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Defendants.
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__________________________________________)

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Case No. 2:11-cv-00271-RCJ-GWF
ORDER
Motion to Compel (#31)

This matter comes before the Court on Plaintiff’s Motion to Compel (Special Scheduling

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Review Requested) (#31), filed on March 14, 2012 and City Defendants’ Non-Opposition to

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Plaintiff’s Motion to Compel Dated March 14, 2012 (#32), filed on March 19, 2012. Plaintiff’s

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motion seeks to compel discovery responses from Defendants LVMPD, Raschke, and Bible.

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On January 23, 2012, Plaintiff served requests for admissions on Defendant LVMPD,

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Raschke and Bible; request for production of documents on Defendant LVMPD; and

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interrogatories on Defendant Bible. Defendants refused to answer the discovery requests because

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the responses were due after the close of discovery. Plaintiff then filed a Motion for Additional

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Interrogatories, Extend Discovery, and Compel Discovery (#17) on January 17, 2012. A hearing

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was conducted on February 21, 2012, where the Court denied Plaintiff’s Motion for Additional

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Interrogatories and granted the Motion to Extend Discovery. (See #30.) It appears there was

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confusion between the parties as to the Court’s ruling concerning the motion to compel. Plaintiff

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claims that because the discovery deadline was extended, Defendants were required to produce the

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discovery responses. It appears however from Plaintiff’s representations that Defendants believed

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that the Court ordered Plaintiff to propound new discovery requests, and therefore refused to

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respond to the already served discovery. To date, no discovery responses have been provided to

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Plaintiff.

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Pursuant to LR 7-2(d), “failure of an opposing party to file points and authorities in

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response to any motion shall constitute a consent to the granting of the motion.” Defendants failed

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to file a response to this motion. Despite the confusion surrounding the Court’s previous Order

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(#30), the Court orders Defendants to respond to the following discovery requests served on

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January 23, 2012: requests for admissions served on Defendant LVMPD, Raschke and Bible;

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request for production of documents served Defendant LVMPD; and interrogatories served on

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Defendant Bible. Defendants shall provide their responses to Plaintiff no later than May 9, 2012.

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Plaintiff further requests an extension of the discovery deadlines for an additional sixty

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days. The discovery deadline is currently set for April 24, 2012. (See #30.) Defendants’ responses

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to Plaintiff’s discovery are due after the current close of discovery. The Court further notes that

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there are other discovery disputes in this case which may require an extension of discovery. See

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City Defendants Motion to Compel Discovery Responses from Plaintiff (#33). The Court therefore

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finds that an extension of the discovery deadlines is warranted. The Court will grant a sixty day

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extension of the discovery deadlines. Accordingly,

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IT IS HEREBY ORDERED that Plaintiff’s Motion to Compel (Special Scheduling

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Review Requested) (#31) is granted. Defendants LVMPD, Raschke and Bible shall provide their

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discovery responses to Plaintiff no later than May 9, 2012.

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IT IS FURTHER ORDERED that the discovery cut-off is extended to and including June

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12, 2012. The last day to file dispositive motions is July 12, 2012. The deadline to file the Joint

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Pretrial Order is August 13, 2012. In the event dispositive motions are filed, the date for filing the

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Joint Pretrial Order shall be suspended until 30 days after a decision of the dispositive motions.

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DATED this 12th day of April 2012.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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