Williams v. Clark et al

Filing 53

ORDER denying without prejudice 40 Motion to serve additional interrogatories. Granting 43 Motion to Amend/Correct discovery deadlines. Discovery due by 7/20/2015. Motions due by 8/18/2015. Proposed Joint Pretrial Order due by 9/18/2015. Signed by Magistrate Judge Peggy A. Leen on 5/18/2015. (Copies have been distributed pursuant to the NEF - DKJ)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JAMES WILLIAMS,

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Plaintiff,

ORDER

v.

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Case No. 2:14-cv-00414-APG-PAL

(Mtn to Serve Add. Interrog. – Dkt. #40)
(Mtn to Amend Sched. Order – Dkt. #43)

F.N.U. CLARK, et al.,
Defendants.

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Before the Court is Plaintiff James Williams’ Motion to Serve Additional Interrogatories

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on Defendants (Dkt. #40), filed April 2, 2015. The Court has also considered Defendants’

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Opposition (Dkt. #46), filed April 17, 2015. Also before the Court is Plaintiff’s Motion to

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Amend / Correct Scheduling Order (Dkt. #43), filed April 2, 2015, for which Defendants

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submitted a Notice of Non-Opposition (Dkt. #45).

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undersigned pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B) and LR 1-3 and 1-9.

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I.

These matters were referred to the

BACKGROUND

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Plaintiff is a prisoner proceeding in this case pro se and in forma pauperis. Pursuant to

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28 U.S.C. § 1915, the Court screened Plaintiff’s Complaint (Dkt. #11). See Screening Order

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(Dkt. #9). The Court found the Complaint stated a claim under the Fourth Amendment for an

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unreasonable seizure of Plaintiff’s personal property against Defendants Firestine, LaVessieur,

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Fincher, LeHeay, Kompman, Johnson, Jane Doe, John Does ##1, 2, 6, and 7, and Sergeant John

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Doe. The Court dismissed all of Plaintiff’s other claims and Defendants with leave to amend.

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Plaintiff did not file an amended complaint by December 17, 2014, as ordered. Therefore, only

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his Fourth Amendment unreasonable seizure claim remains pending at this time. Plaintiff has

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now filed multiple motions seeking to amend his Complaint to add additional defendants and

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claims. See (Dkt. ##31, 50, 51). However, these motions are still pending.

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II.

MOTION TO SERVE ADDITIONAL INTERROGATORIES ON DEFENDANTS

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Pursuant to Rule 33 of the Federal Rules of Civil Procedure, “a party may serve on any

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other party no more than 25 written interrogatories, including all discrete subparts.” Fed. R. Civ.

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P. 33(a)(1) (emphasis added). Here, Plaintiff requests leave to serve 98 interrogatories to the Las

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Vegas Metropolitan Police Department. However, the police department is not a party to this

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action as it was dismissed in the Court’s prior Order (Dkt. #9). Because Rule 33 does not allow

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Plaintiff to serve interrogatories on non-parties, the Court must deny Plaintiff’s Motion (Dkt.

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#40) without prejudice.

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III.

MOTION TO AMEND / CORRECT SCHEDULING ORDER

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On March 4, 2015, the Court entered a Scheduling Order (Dkt. #32) that set June 3, 2015,

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as the deadline for discovery to be completed. Plaintiff timely filed a request to extend the

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discovery deadline based upon his unintended mistakes in serving discovery requests via mail.

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Plaintiff states that no discovery has been completed thus far, but several requests for production

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and interrogatories are pending.

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Defendants have no objection to Plaintiff’s request. As such, the Court finds good cause to

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extend the deadlines stated in the Scheduling Order by forty-five (45) days: (1) Discovery in this

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action shall be completed on or before July 20, 2015; (2) Motions for summary judgment shall

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be filed and served no later than August 18, 2015; and (3) the Parties shall file a Joint Pretrial

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Order on or before September 18, 2015.

The Notice of Non-Opposition (Dkt. #45) indicates that

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Accordingly,

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IT IS ORDERED:

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1. Plaintiff’s Motion to Serve Additional Interrogatories on Defendants (Dkt. #40) is

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DENIED without prejudice.

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2. Plaintiff’s Motion to Amend / Correct Scheduling Order (Dkt. #43) is GRANTED.

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The deadlines stated in the Scheduling Order (Dkt. #32) are extended by forty-five

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(45) days: (1) Discovery in this action shall be completed on or before July 20, 2015;
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(2) Motions for summary judgment shall be filed and served no later than August 18,

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2015; and (3) the Parties shall file a Joint Pretrial Order on or before September 18,

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2015.

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Dated this 18th day of May, 2015.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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