Opinion
2:19-CV-1233-TLN-DMC-P
03-22-2023
WILLIAM ROUSER, Plaintiff, v. JULIA GAMBOA, et al., Defendants.
ORDER
DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE
Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42 U.S.C. § 1983. Pending before the Court is Plaintiff's motion to compel further responses to discovery, ECF No. 65. For the reasons discussed below, Plaintiff's motion will be denied as untimely.
On October 11, 2022, the Court extended the discovery cut-off date to January 9, 2023. See ECF No. 62. That order required that discovery requests be served with sufficient notice to allow responses by this date. See id. Pursuant to the Court's original March 23, 2022, scheduling order, discovery response are due within 45 days of service of a request for written discovery. See ECF No. 54. Here, Plaintiff served the discovery at issue on December 19 and 21, 2022. See ECF No. 66-1, pgs. 4-22 (Exhibit A to declaration of defense counsel in opposition to Plaintiff's motion to compel). Because Plaintiff served his discovery less then 45 days before the January 9, 2023, discovery cut-off date, Plaintiff did not allow sufficient time to respond before this deadline, rendering his December 19 and 21, 2022, discovery requests untimely pursuant to the original scheduling order as modified.
Accordingly, IT IS HEREBY ORDERED that Plaintiff's motion to compel, ECF No. 65, is denied as the untimely requests are not entitled to a response.