Ruiz v. Nevada Department of Corrections et al

Filing 32

ORDER denying ECF No. 30 Motion to Stay Discovery. Defendants shall respond to Plaintiff's Motion to Compel (ECF No. 31 ) on or before September 18, 2019. (See pdf order for additional specifics.) Signed by Magistrate Judge William G. Cobb on 9/6/2019. (Copies have been distributed pursuant to the NEF - DRM)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

CARLOS RUIZ,

)
)
Plaintiff,
)
vs.
)
)
ROMEO ARANAS, et al.,
)
)
Defendants.
)
____________________________________ )

3:17-cv-00643-RCJ-WGC
MINUTES OF THE COURT
September 6, 2019

PRESENT: THE HONORABLE WILLIAM G. COBB, U.S. MAGISTRATE JUDGE
DEPUTY CLERK:

KAREN WALKER

REPORTER:

NONE APPEARING

COUNSEL FOR PLAINTIFF(S): NONE APPEARING
COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
Before the court is Plaintiff’s combined “Motion to Stay Discovery/Motion to Compel
Discovery”. The court clerk logged the former component (stay) as ECF No. 30 and the latter
(compel) as ECF No. 31.
Relative to the motion to compel, Plaintiff states he served discovery on Defendants in
July. Not having received any response from Defendants, Plaintiff wrote to Defendants’ counsel
on August 29, 2019, advising Defendants’ responses were overdue and requested a “meet and
confer” with Defendants’ counsel (ECF No. 30 at 8-9). As of the date of this electronic filing of
Plaintiff’s two motions (9/4/2019), Plaintiff apparently had not received a response from
Defendants’ counsel.
Plaintiff states he is scheduled to be seen by an orthopedic surgeon, and requests that after
Defendants provide discovery responses, that further discovery by stayed. (Id. at 5.)
The court denies the component of Plaintiff’s filings which seeks to stay discovery (ECF
No. 30). However, the court vacates the current discovery deadline of September 30, 2019, and
the dispositive motion deadline of October 30, 2019 (ECF No.23). The court will re-set these and
any other deadlines at a later date.
///

MINUTES OF THE COURT
3:17-cv-00643-RCJ-WGC
September 6, 2019
Page 2

IT IS HEREBY ORDERED that Defendants shall respond to Plaintiff’s Motion to
Compel (ECF No. 31) on or before September 18, 2019. Defendants shall also advise whether
Plaintiff has seen/will be seen by an orthopedic surgeon with respect to his complaints of chronic
back pain. While the court will address Plaintiff’s motion to compel at a hearing to be scheduled
by the Courtroom Administrator, Plaintiff is advised that in accordance with Nevada Department
of Administrative Regulation 639-03, unless Plaintiff can demonstrate exceptional circumstances,
the court will not order that Plaintiff be allowed to possess his medical records in his cell at
Lovelock Correctional Center.
DEBRA K. KEMPI, CLERK
By:

/s/______________________
Deputy Clerk