v. Poag et al

Filing 27

MINUTE ORDER DENYING P's 23 Motion to Compel. Signed by Magistrate Judge Valerie P. Cooke on 9/16/2011. (Copies have been distributed pursuant to the NEF - DRM)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
FRANK L. NESCI,

)
)
Plaintiff,
)
)
vs.
)
)
DON POAG, et al.,
)
)
Defendants.
)
______________________________)
PRESENT:

3:10-CV-0712-LRH (VPC)
MINUTES OF THE COURT
September 16, 2011

THE HONORABLE VALERIE P. COOKE, U.S. MAGISTRATE JUDGE

DEPUTY CLERK:

LISA MANN

REPORTER: NONE APPEARING

COUNSEL FOR PETITIONER(S): NONE APPEARING
COUNSEL FOR RESPONDENT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
Before the court is plaintiff’s motion to compel (#23). Defendants have opposed the
motion (#25), and plaintiff has replied (#26).
The scheduling order in this case was issued on April 4, 2011 (#13). Plaintiff delayed in
serving his discovery requests until June 28, 2011, only seven days before the expiration of the
discovery deadline. Plaintiff then sought an extension of time to complete discovery and that
request was granted on August 23, 2011 (#22). Defendants state in their opposition to plaintiff’s
motion that they intend to answer the discovery requests on September 22, 2011, which is thirty
days from the date of the court’s order granting an extension of the discovery deadline (#25).
Plaintiff replied that he does not consider the defendants’ proposed response date of September
22nd to be timely (#26). Plaintiff is incorrect. Defendants were under no obligation to answer the
discovery requests until the court issued its order extending discovery (#22). Therefore,
IT IS ORDERED that plaintiff’s motion to compel (#23) is DENIED.
IT IS SO ORDERED.
LANCE S. WILSON, CLERK
By:

/s/
Deputy Clerk