King v. Calderwood et al
Filing
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ORDER Granting 48 Motion to Extend Time. The deadlines in the 42 Scheduling Order are extended 45 days: Discovery due by 7/6/2015. Motions due by 8/5/2015. Proposed Joint Pretrial Order due by 9/4/2015. The Motions to Strike 69 , 70 , and 71 are GRANTED. The Clerk of the Court shall STRIKE 60 Motion, 61 Interrogatories, and 62 Request from the record. Signed by Magistrate Judge Peggy A. Leen on 5/21/15. (Copies have been distributed pursuant to the NEF - TR)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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***
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MATTHEW J. KING,
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ORDER
Plaintiff,
v.
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Case No. 2:13-cv-02080-GMN-PAL
(Mtn to Extend Discovery – Dkt. #48)
(Mtn for Discovery – Dkt. #60)
(Interrogatories – Dkt. #61)
(Requests for Admission – Dkt. #62)
(Mtns to Strike – Dkt. ##69, 70, 71)
AMY CALDERWOOD, et al.,
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Defendants.
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This matter is before the court on Plaintiff Matthew J. King’s Motion to Extend
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Discovery (Dkt. #48) and Defendants’ Motions to Strike (Dkt. #69, 70, 71) Plaintiff’s Motions
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for Discovery (Dkt. #60), Interrogatories (Dkt. #61), Requests for Admission (Dkt. #62).
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Plaintiff is a prisoner proceeding in this civil rights action pro se and in forma pauperis. These
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matters were referred to the undersigned pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B)
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and LR 1-3 and 1-9. The Court has considered the Motions and related briefing.
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I.
PLAINTIFF’S MOTION TO EXTEND DISCOVERY (DKT. #48)
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Plaintiff’s Motion requests an extension of the discovery deadline. A court may modify a
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discovery plan and scheduling order before the expiration of the deadlines therein and before the
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final pretrial order is entered upon a showing of “good cause.” Coleman v. Quaker Oats Co.,
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232 F.3d 1271, 1294 (9th Cir. 2000).
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diligence of the party seeking the amendment.” Id.
The good cause standard “primarily considers the
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On February 4, 2015, the Court entered a Scheduling Order (Dkt. #42) that set May 6,
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2015, as the deadline for discovery to be completed. Plaintiff timely filed a request to extend the
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discovery deadline to allow the parties to complete outstanding discovery. Defendants have filed
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a Notice of Non-Opposition (Dkt. #51) indicating there is no objection to Plaintiff’s request. As
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such, the Court finds good cause to extend the deadlines stated in the Scheduling Order by forty-
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five (45) days: (a) Discovery in this action shall be completed on or before July 6, 2015; (b)
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Motions for summary judgment shall be filed and served no later than August 5, 2015; and (c)
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the Parties shall file a Joint Pretrial Order on or before September 4, 2015.
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II.
DEFENDANTS’ MOTIONS TO STRIKE (DKT. #69, 70, 71)
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Defendants’ Motions to Strike ask the Court to strike Plaintiff’s discovery requests from
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the record because they were improperly filed with the Court. Plaintiff’s Motion for Discovery
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(Dkt. #60) appears to request the production of documents by Defendants. Similarly, Plaintiff
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filed his Interrogatories (Dkt. #61) and Requests for Admission (Dkt. #62) on the Court’s docket.
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“It is well established that district courts have inherent power to control their docket.”
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Ready Transp., Inc. v. AAR Mfg., Inc., 627 F.3d 402, 404–05 (9th Cir. 2010) (internal quotation
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omitted). This includes the power to strike items from the record that are procedurally improper.
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See Chambers v. NASCO, Inc., 501 U.S. 32, 44–45 (1991); Metzger v. Hussman, 682 F. Supp.
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1109, 1111 (D. Nev. 1988) (“Applicable rules of procedure, including Local Rules, must be
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enforced. . . .”). The Court’s Local Rule 26-8 states, “unless otherwise ordered by the Court,
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written discovery, including responses thereto, and deposition transcripts, shall not be filed with
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the Court.” (emphasis added).
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Rules 33, 34, and 36 of the Federal Rules of Civil Procedure set forth the requirements
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for obtaining discovery through interrogatories, requests for production of documents, and
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requests for admission in discovery. Rule 5 permits written discovery requests to a party who
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has already appeared to be served by simply mailing them to the other party, or its attorney, if the
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other party is represented by counsel. To the extent Plaintiff wishes to serve written discovery
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requests on Defendants, he need only mail such discovery requests directly to Defendants’
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counsel. Discovery requests should not be filed with the Court. See LR 26-8. Therefore, the
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Court will grant Defendants’ Motions to Strike.
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IT IS ORDERED:
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1.
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Plaintiff’s Motion to Extend Discovery (Dkt. #48) is GRANTED. The deadlines
stated in the Scheduling Order (Dkt. #42) are extended by forty-five (45) days: (a)
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Discovery in this action shall be completed on or before July 6, 2015; (b) Motions
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for summary judgment shall be filed and served no later than August 5, 2015; and
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(c) the Parties shall file a Joint Pretrial Order on or before September 4, 2015. If
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dispositive motions are pending the deadline for filing the joint pretrial order is
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suspended until 30 days after a decision of the dispositive motion oruntil further
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order of the court.
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2.
Defendants’ Motions to Strike (Dkt. ##69, 70, 71) are GRANTED. The Clerk of
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the Court shall STRIKE Plaintiff’s Motion for Discovery (Dkt. #60),
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Interrogatories (Dkt. #61) and Requests for Admission (Dkt. #62) from the record.
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Dated this 21st day of May, 2015.
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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE
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