Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Montano v. Solomon

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


July 7, 2010

RAUL MONTANO, PLAINTIFF,
v.
SOLOMON, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

Plaintiff seeks an extension of the discovery deadline in this action in order to respond to defendant's recently propounded discovery. (Dkt. No. 42.) Plaintiff appears to state that on June 11, 2010, defendant served upon plaintiff a Request for Production of Documents and one set of fifty-three interrogatories. However, the discovery deadline expired on June 11, 2010.*fn1 (Dkt. No. 35, at 6.) When the court set this deadline, it stated:

The parties may conduct discovery until June 11, 2010. Any motions necessary to compel discovery shall be filed by that date. All requests for discovery . . . shall be served not later than sixty (60) days prior to that date.

(Id. (emphasis added).)

Before the court can determine whether an extension of the discovery deadline is warranted, it must determine the date on which defendant propounded his most recent discovery requests. If the discovery requests were untimely served, defendant must explain the reasons for the delay and the necessity of the discovery, including the excessive number of interrogatories (see Fed. R. Civ. P. 33(a)(1) (authorizing no more than 25 written interrogatories, including all discrete subparts)).

Accordingly, defendant shall file and serve, on or before July 16, 2010, a response to plaintiff's request for an extension of time to respond to defendant's discovery requests. Plaintiff may file and serve a reply within ten (10) days after service of defendant's response.

SO ORDERED.


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.