Wheaten v. Knoll

Full title: DERRICK WHEATEN, Plaintiff, v. KNOLL, et al., Defendants.

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Date published: Dec 2, 2019

Case No.: 1:18-cv-00885-AWI-JLT (PC) (E.D. Cal. Dec. 2, 2019)

Opinion

Case No.: 1:18-cv-00885-AWI-JLT (PC)

12-02-2019

DERRICK WHEATEN, Plaintiff, v. KNOLL, et al., Defendants.

Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE

ORDER SHORTENING TIME FOR DEFENDANTS TO FILE A RESPONSE TO PLAINTIFF'S MOTION TO COMPEL AND VACATING DEADLINE FOR PLAINTIFF TO FILE AN OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

Defendants' motion for summary judgment is pending before the Court. (Doc. 35.) Plaintiff filed an opposition, (Docs. 38-40), and Defendants filed a reply, (Doc. 41). On September 3, 2019, the Court granted Plaintiff's request to postpone consideration of the MSJ and allow discovery by both parties regarding the "authenticity of the SENTRY documents submitted and the procedures the defendants were obligated to follow if the plaintiff provided them documentation that differed from the entries in SENTRY." (Doc. 43 at 2-3.) The Court granted Plaintiff until December 15, 2019, to file a new opposition if he "discovers evidence he feels is relevant to establish a triable issue of fact to defeat" the MSJ. (Id. at 3.)

On November 22, 2019, Plaintiff filed a motion to compel Defendants' response to his requests for production, interrogatories, and requests for admission. (Doc. 55.) The Court entered the motion in the CM/ECF system on November 26. Plaintiff alleges that Defendants have failed to respond to any of his discovery requests within the time authorized by the Federal Rules of Civil Procedure. (See id. at 1.)

Per Local Rule 230(1), Defendants have 21 days from the date of service of Plaintiff's motion to file an opposition or statement of non-opposition. Because the deadline for Plaintiff to file a new opposition to Defendants' MSJ, if he chooses to file one, is before the deadline for Defendants to file an opposition to Plaintiff's motion to compel, the Court finds it prudent to adjust the relevant deadlines. Accordingly, the Court ORDERS:

1. Defendants shall file an opposition or statement of non-opposition to Plaintiff's motion to compel, (Doc. 55), by December 9, 2019;

2. The deadline for Plaintiff to file a new opposition, if any, to Defendants' motion for summary judgment, (Doc. 35), is January 13, 2020.

IT IS SO ORDERED.

Dated: December 2 , 2019

/s/ Jennifer L. Thurston

UNITED STATES MAGISTRATE JUDGE