Santos v. Allen et al

Filing 134

ORDER that 129 Motion for Reconsideration is GRANTED in part and DENIED in part; and 130 Motion to Extend Time to File Replies is DENIED as moot. Signed by Magistrate Judge Nancy J. Koppe on 7/20/15. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RONALD R. SANTOS,

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Pending before the Court is Plaintiff’s motion for reconsideration of the Court’s June 24,

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2015, Order staying the proceedings for 90 days and vacating the hearing previously set for June 29,

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2015. Docket Nos. 129. Also pending before the Court is Plaintiff’s motion to extend time to reply

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to Defendants’ oppositions at Docket Nos. 123 and 124. Docket No. 130. Defendants filed

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responses to the motions on July 17, 2015. Docket Nos. 132, 133.

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Plaintiff(s),
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vs.
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ISIDRO BACA, et al.,
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Defendant(s).

Case No. 2:11-cv-01251-KJD-NJK
ORDER
(Docket Nos. 129, 130)

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On June 24, 2015, the Court granted Plaintiff’s motion for a 90-day stay of all proceedings.

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Docket No. 128. Plaintiff represented that he was on under suicide watch and, therefore, was unable

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to obtain his legal mail. Docket No. 127. The Court vacated the previously set hearing and denied

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all pending motions without prejudice, including Plaintiff’s motion to extend the discovery deadline

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and his motion to exceed interrogatory limit. Docket No. 128.

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On July 6, 2015, Plaintiff filed the pending motions requesting that the Court reconsider its

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June 24, 2015, order and extend time for Plaintiff to file replies in support of his motion to extend

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the discovery deadline and his motion to exceed interrogatory limit. Docket Nos. 129, 130. Plaintiff

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represents that, at the time of his filing of the motion to stay, he assumed he would be without his

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property for a long period of time because he was on suicide watch. Docket No. 130, at 2. However,

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Plaintiff represents that he was discharged from the Mental Health Unit after five days of being on

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suicide watch. Id., at 2. Plaintiff represents that he now has access to his personal property and is

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able to proceed with this case. Id., at 2. Thus, Plaintiff requests that the Court lift the stay on this

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case and reconsider his discovery motions that were denied without prejudice.

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Defendants filed responses on July 17, 2015. Docket Nos. 132, 133. Defendants do not

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object to the Court ruling on Plaintiff’s discovery motions on their merits, but request that Plaintiff

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resubmit his motions to allow for a cleaner record and for the inclusion of supplemental information

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regarding the discovery exchange that has occurred since Plaintiff filed the motions. Docket No.

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132, at 3. Defendants also represent that they do not object to an extension of time for Plaintiff to

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file replies in support of his motion to extend the discovery deadline and his motion to exceed

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interrogatory limit. Docket No. 133, at 2.

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Reconsideration is appropriate if the court: (1) is presented with newly discovered evidence;

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(2) committed clear error, or the initial decision was manifestly unjust; or (3) if there is an

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intervening change in controlling law. Dixon v. Wallowa County, 336 F.3d 1013, 1022 (9th Cir.

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2003). Because Plaintiff is no longer on suicide watch, the Court hereby LIFTS the 90-day stay.

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The Court finds that, since supplemental discovery exchanges have occurred, this information

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is necessary for the Court to rule on any discovery motions. Therefore, no later than August 17,

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2015, Plaintiff shall re-file his discovery motions, including any supplemental information regarding

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the discovery disputes that has occurred since Plaintiff initially filed the motions. Accordingly,

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Plaintiff’s motion for reconsideration (Docket No. 129) is hereby GRANTED in part and DENIED

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in part and Plaintiff’s motion to extend time to file replies (Docket No. 130) is hereby DENIED as

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moot.

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IT IS SO ORDERED.

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DATED: July 20, 2015

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NANCY J. KOPPE
United States Magistrate Judge

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