Washington v. Early
Filing
134
ORDER Denying Defendants' Motion For A Protective Order Re Discovery (Doc. 131 ), signed by Magistrate Judge Sandra M. Snyder on 5/17/2010. (Scrivner, E)
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1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 Plaintiff, Roderick Washington, ("Plaintiff") is a state prisoner proceeding pro se and in 16 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. 17 On March 15, 2010, Defendants filed a motion for a protective order re discovery seeking 18 to stay discovery pending disposition of any non-enumerated Rule 12 motion, or motion for 19 summary judgment. (Doc. 131.) At that time, March 20, 2010 was the deadline for filing an 20 unenumerated Rule 12(b) motion to dismiss. (Doc. 129.) Defendants sought and received an 21 extension of time to file an unenumerated Rule 12(b) motion up to April 26, 2010. (Doc. 133.) 22 To date, Defendants have not filed an unenumerated motion to dismiss under Rule 12(b). The 23 deadline to amend pleadings is July 20, 2010, the discovery cut-off date is September 20, 2010, 24 and the dispositive motion deadline is November 29, 2010. (Doc. 129.) Plaintiff is entitled to 25 conduct discover to prepare for all of these pending deadlines. 26 While Defendants submitted the verbiage of one interrogatory and one request for 27 production propounded by Plaintiff, they did not submit sufficient argument or evidence for the 28 1 v. RICHARD E. EARLY, et. al., Defendants. / RODERICK WASHINGTON, Plaintiff, CASE NO. 1:03-cv-05263-SMS (PC) ORDER DENYING DEFENDANTS' MOTION FOR A PROTECTIVE ORDER RE DISCOVERY (Docs. 131)
UNITED STATES DISTRICT COURT
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Court to address their motion on any basis other than their anticipated filing of motions. Defendants did not file an unenumerated motion to dismiss under Rule 12(b), and Plaintiff is entitled to conduct discovery to prepare an opposition to any motion for summary judgment which Defendants might file. Based on the foregoing, Defendants' for a protective order re discovery, filed March 15, 2010, is HEREBY DENIED without prejudice.
IT IS SO ORDERED. Dated: icido3 May 17, 2010 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE
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