United States District Court, D. Arizona
Honorable Deborah M. Fine United States Magistrate Judge.
the Court are Plaintiff's Motions to Compel. (Docs. 60,
63, 64) Defendants acknowledge that the system for providing
prisoners with electronically filed documents suffered from
some interruptions. (Doc. 62) Plaintiff claims that this
interruption meant that he did not receive copies of certain
documents in this matter, and specifically references the
Court's August 13, 2018 order issuing him one blank
subpoena duces tecum. (Doc. 60 referencing Doc. 55) The Court
notes that the Clerk's Office received the completed
subpoena from Plaintiff and the U.S. Marshals Service has
filed its Notice of Service. (Doc. 69) Moreover, Defendant
filed a Notice of Service for the documents that Plaintiff
had alleged were not received. (Doc. 66) Accordingly, the
Court concludes that Plaintiff's motions to compel are
moot. (Docs. 60, 63, 64).
also requested extensions because of delay in receiving
documents. (Docs. 61, 65, 67) Defendants did not respond.
Good cause appearing, the Court will extend pertinent
IS THEREFORE ORDERED denying as moot Plaintiff's
Motion to Compel A.D.C. to Comply (Doc. 60), Expedited Motion
to Compel (Doc. 63), and Expedited Motion to Compel (Doc.
IS FURTHER ORDERED granting Plaintiff's Motions
to Extend Time (Docs. 61, 65, 67) as set forth herein. The
new deadlines are as follows:
motion seeking dismissal of Plaintiff's claims or
judgment as a matter of law on Plaintiff's claims based
on an assertion that Plaintiff failed to administratively
exhaust his claims shall be brought no later than
December 30, 2018.
day by which discovery requests may be submitted (discovery
request cutoff date) is February 28, 2019.
discovery requests may be submitted after this date except by
stipulation of the parties or by Court order for good cause
Responses to discovery must be filed within the time provided
by the rules unless the parties stipulate otherwise.
Defendants desire to take Plaintiff's deposition they may
do so by no later than January 29, 2019.
Leave of Court for the taking of such deposition is granted
pursuant to Rule 30(a)(2), Federal Rules of Civil Procedure.
The deposition may be taken by telephone at the option of
Dispositive motion deadline is April 29,
2019. If Defendants file a motion for summary
judgment under Rule 56 of the Federal Rules of Civil
Procedure based on Plaintiff's failure to exhaust prison
administrative remedies as required by 42 U.S.C. §
1997e(a) and the Court denies that motion, Defendants may
file a second motion for summary judgment without requesting
permission from the Court. Otherwise, no party may file more
than one motion for summary judgment under Rule 56 unless
permission is first obtained from the Court.
Proposed joint pretrial order lodged with the Court by
May 9, 2019, or 30 days after the
Court's ruling on the last dispositive motion, if any,
that does not dispose of the case, whichever is later.
Defendants are responsible for initiating the drafting and
submission of the proposed pretrial order in the form