Opinion
Case No. 08cv0859 RTB (PCL).
July 15, 2010
ORDER GRANTING PLAINTIFF'S MOTION TO COMPEL DISCOVERY (Doc. No. 37)
Plaintiff Kenneth L. Howard, a state prisoner proceeding pro se and in forma pauperis, filed a civil rights complaint under 42 U.S.C. § 1983 on June 19, 2008. (Doc. No. 10.) On June 1, 2010, Plaintiff filed a Motion to Compel Discovery seeking responses to outstanding Interrogatories, Requests for Productions of Documents and Requests for Admissions. (Doc. No. 37.) The Court issued a Briefing Schedule requiring Defendants to Oppose Plaintiff's Motion or indicate their non-opposition to the Court by June 22, 2010. However, Defendants failed to respond to the Court's Order by that date. (See Doc. No. 41.) On July 9, 2010, Plaintiff filed a timely Motion for Sanctions requesting imposition of sanctions on Defendants for failure to comply with the Court's Order. (Doc. No. 40.)
Thereafter, on July 15, 2010, the Court held a telephonic Mandatory Settlement Conference during which the parties were present via telephone and advised the Court of the status of this case. At this Conference, defense counsel indicated non-opposition to the Motion to Compel and requested ten (10) days to produce the requested responses.
After reviewing the Motion to Compel Discovery, Motion for Sanctions and Defendants' Statement of Non-Opposition to the Motion to Compel, and being advised of the status of the case, Plaintiff's Motion to Compel Discovery is GRANTED in its entirety. Defendants must produce all discovery indicated in Plaintiff's Motion by July 26, 2010. The Court takes Plaintiff's Motion for Sanctions under submission at this time.