Fann v. Graham et al

Filing 109

DECISION AND ORDER regarding 61 Motion to Compel: ORDERED that Defendants shall provide further responses to plaintiff's request for the production of documents by December 16, 2016. ORDERED, that the Mandatory Pretrial Discovery and Schedu ling Order filed on March 14, 2016 (Dkt. No. 23) is hereby amended as follows: a. The deadline for the completion of discovery is hereby extended to January 23, 2017. b. The deadline for the filing of dispositive motions is hereby extended to March 13, 2017. Signed by Magistrate Judge Christian F. Hummel on 11/15/16. (served on plaintiff by regular mail) (alh, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK

JERMAINE FANN,
Plaintiff,
v.

No. 15-CV-1339
(DNH/CFH)

H. GRAHAM, Superintendent, Auburn
Correctional Facility; et al.,
Defendants.

CHRISTIAN F. HUMMEL
U.S. MAGISTRATE JUDGE

APPEARANCES:

OF COUNSEL:

Jermaine Fann
Plaintiff Pro Se
430 Main Street, Apt. 206
Dunkirk, New York 14048
HON. ERIC T. SCHNEIDERMAN
Attorney General for the
State of New York
The Capitol
Albany, New York 12224
Attorney for Defendants

WILLIAM A. SCOTT, ESQ.
Assistant Attorney General

DECISION AND ORDER
On July 8, 2016, plaintiff filed a motion to compel further responses to his request for
production of documents and for the appointment of counsel. Dkt. No. 61. On July 20,
2016, this Court issued a Decision and Order denying without prejudice plaintiff’s motion
seeking the appointment of counsel. Dkt. No. 67.
On August 16, 2016, the Court issued a text order which, among other things,

directed defendants to file a response to plaintiff’s motion to compel (Dkt. No. 61) by
September 2, 2016. Dkt. No. 87. The Court further directed that plaintiff file any reply by
September 9, 2016. Id. Defendants filed a response on September 2, 2016. Dkt. No. 92.
Plaintiff did not file a reply.
On November 1, 2016, this Court issues a text order scheduling oral argument on
plaintiff’s motion to compel (Dkt. No. 61). On November 15, 2016, plaintiff and counsel for
defendants participated in oral argument on-the-record. As directed during that conference
and for the reasons stated at that time, which are incorporated by reference, it is hereby
ORDERED that
1) Defendants shall provide further responses to plaintiff’s request for the production
of documents by December 16, 2016.
2) The Mandatory Pretrial Discovery and Scheduling Order filed on March 14, 2016
(Dkt. No. 23) is hereby amended as follows:
a. The deadline for the completion of discovery is hereby extended to January
23, 2017.
b. The deadline for the filing of dispositive motions is hereby extended to
March 13, 2017.
IT IS SO ORDERED.

DATED:

November 15, 2016
Albany, New York

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