Gutierrez v. Williams et al

Filing 48

Order - Defendants' motion to stay discovery, pending resolution oftheir motion to dismiss (#42), is DENIED given the fact thatplaintiff is seeking discovery in order to properly serve all nameddefendants. Plaintiff's motion to compel disco very (#38) is DENIEDdue to plaintiff's failure to demonstrate that he served a properrequest for interrogatories upon defendants, and that defendantsfailed to timely respond thereto. See Fed. R. Civ. P. 33 & 37.Plaintiff's motion for clarif ication (#39) is DENIED. Thiscourt previously addressed plaintiff's service questions. SeeOrder (#37) (dated Oct. 19, 2010). Finally, plaintiff's motion forextension of time (#46) is DENIED AS MOOT given the briefingschedule outlined below. IT IS ORDERED that plaintiff may file any further response todefendants' motion to dismiss by December 23, 2010. Defendants mayfile a reply by January 7, 2011. Defendants' motion to dismiss(#42) shall be taken UNDER ADVISEMENT on January 10, 2011.IT IS FURTHER ORDERED that plaintiff's motions to compeldiscovery (#38), for clarification (#39), and for extension of time(#46); and defendants' motion to stay discovery (#41) are DENIED.