Cruzado v. Baker et al
Filing
65
MINUTES OF PROCEEDINGS - Motion Hearing held on 2/19/2013 before Magistrate Judge William G. Cobb. Crtrm Administrator: Katie Lynn Ogden; Pla Counsel: Abraham Cruzado, In Pro Per (telephonically); Def Counsel: Brian Hagen; FTR #: FTR; Time of Hearing: 1:34:30 p.m. - 2:20:23 p.m.; Courtroom: 2. The court and parties address several pending motions. After discussion, the court orders the following: plaintiff's 53 Motion to Compel is DENIED as moot; plaintiff's 55 and 60 Motion to Compel are WITHDRAWN pursuant to plaintiff's request; plaintiff's 61 Motion to Extend Time to File Discovery Motions and Motions for Summary Judgment is GRANTED - the exten ded discovery deadlines are as follows: Discovery Deadline: Friday, March 1, 2013 and Dispositive Motion Deadline: Friday, March 15, 2013; plaintiff's 49 Motion to Compel is DENIED without prejudice; however, should plain tiff find any of the additional documents or responses to the requests for interrogatories as to defendant Darren Baker unsatisfactory the court will entertain a renewed motion to compel; plaintiff's 58 Motion to Set Aside 48 Notice re 4m Di smissal is DENIED without prejudice; however, should a more recent or updated address be confirmed, this matter will be readdressed; plaintiff's 59 Motion for Defendants to Provide Address Under Seal re Robert Martinez is DEFERRED pending the filing of the declaration by Central Records; the declaration shall be filed no later than Friday, February 22, 2013; plaintiff's 56 Motion to Withdraw 54 Response to Motion to Extend Time is DENIED as moot. (Copies have been distributed pursuant to the NEF - KO)
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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
ABRAHAM CRUZADO,
)
)
Plaintiff,
)
)
vs.
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)
DARREN BAKER, et al.,
)
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Defendants.
)
___________________________________ )
3:11-cv-00522-RCJ-WGC
MINUTES OF PROCEEDINGS
February 19, 2013
PRESENT: THE HONORABLE WILLIAM G. COBB, U.S. MAGISTRATE JUDGE
DEPUTY CLERK:
Katie Lynn Ogden
REPORTER:
FTR
COUNSEL FOR PLAINTIFF: Abraham Cruzado, In Pro Per (Telephonically)
COUNSEL FOR DEFENDANTS:
Brian Hagen
MINUTES OF PROCEEDINGS: Motion Hearing
1:34 p.m. Court convenes.
The court and parties address several pending motions. After discussion the court orders the
following:
I. Motion to Compel Discovery (Dkt. #53)
According to the records of Mr. Hagen, defendants have responded to plaintiff’s First and
Second Requests for Production of Documents. Mr. Hagen indicates that the documents were
mailed to plaintiff on January 25, 2013, which would render the instant motion to compel moot.
Mr. Cruzdo agrees with Mr. Hagen.
Therefore, plaintiff’s Motion for an Order Compelling Discovery for Plaintiff’s Request for
Production of Documents (First and Second Request(s)) (Dkt. #53) is DENIED as moot.
II. Motion to Compel (Dkt. ## 55 and 60)
Plaintiff advises the court that he voluntarily withdraws the motion to compel responses as
to defendant’s James Baca and Brian Henley. There is no objection made by defense counsel.
MINUTES OF PROCEEDINGS
3:11-cv-00522-RCJ-WGC
Date: February 19, 2013
Page 2
Therefore, plaintiff’s Motion to Compel Responses to Interrogatory No. 6, and Order to
Compel Disclosure or Discovery (Dkt. #55) is WITHDRAWN. Furthermore, plaintiff’s Motion
to Compel Responses to Interrogatory No. 20 and Order to Compel Disclosure or Discovery
(Dkt. #60) is WITHDRAWN.
III. Motion to Extend Time to File Discovery Motions and Motions for Summary Judgment
(Dkt. #61)
The court inquires whether further discovery is necessary. Mr. Hagen indicates that he does
not anticipate to propound any further discovery. Mr. Cruzado requests for the court to allow
additional time for both discovery cut-off deadline and to file any dispositive motions. Mr. Cruzado
indicates that pending before the court is a motion to compel which is subject to possible further
responses by defendants should the court deem appropriate.
The court will allow for additional time for both the discovery cut-off deadline and the
deadline to file dispositive motions; therefore, plaintiff’s Motion to Extend Time (Dkt. #61) is
GRANTED. The extended deadlines are as follows:
• Discovery Deadline: Friday, March 1, 2013
• Dispositive Motion Deadline: Friday, March 15, 2013
IV. Motion to Compel (Dkt. #49)
Plaintiff explains he is seeking for additional responses because the original responses to
certain interrogatories as to defendant Darren Baker are either inadequate or unsatisfactory
explanations as to their objections. Plaintiff explains that many of the responses concern a criminal
investigation that was never prosecuted because many of the allegations were not found to be
substantiated.
Mr. Hagen explains that plaintiff’s argument furthers defendants’ position that providing an
inmate with a criminal investigation report would threaten the security and safety of the institution.
The court expresses its concern that defendants’ responses may be too broad. In view of this
concern, the court informs Mr. Hagen that, in anticipation of the defendants filing a Motion for
Summary Judgment, it is the expectation of the court that any documents submitted within the
dispositive motion are documents that have already been produced to Mr. Cruzado. Mr. Hagen
asserts before submitting any Motion for Summary Judgment he will make certain either plaintiff
has been provided the document(s) or the document(s) will be provided to him by the discovery cutoff deadline of March 1st.
MINUTES OF PROCEEDINGS
3:11-cv-00522-RCJ-WGC
Date: February 19, 2013
Page 3
In light of Mr. Hagen’s representation, plaintiff’s Motion to Compel Responses to
Interrogatories 1-20, and Order to Compel Disclosure or Discovery (Dkt. #49) is DENIED without
prejudice. Should plaintiff find any of the additional documents or responses to the requests for
interrogatories as to defendant Darren Baker unsatisfactory the court will entertain a renewed motion
to compel.
V. Motion to Set Aside Dkt. #48 Notice re 4m Dismissal (Dkt. #58) and Motion for Defendants
to Provide Address Under Seal re Robert Martinez (Dkt. #59)
Mr. Hagen informs the court that, prior to this hearing (January 28, 2013), he had inquired
with Central Records the current address of Richard Martinez. Central Records confirmed that the
address provided in Dkt. #17 is in fact the last known address as to Richard Martinez.
Mr. Cruzado requests that a sworn statement be required by the person who researched and
provided the last known address of Richard Martinez.
The court explains that defendants have filed, under oath, the last known address as to
defendant Richard Martinez in Dkt. #17. Furthermore, Dkt. #39 reflects that the U.S. Marshal
attempted to serve Mr. Martinez but was unsuccessful because the “address given is vacant; unable
to serve.”
The court requests that a declaration be filed by the appropriate person from Central Records
the outcome of a records search as to Richard Martinez. Based on the anticipated declaration being
filed, the court determines that, at this time, plaintiff’s Motion to Set Aside Dkt. #48 Notice re 4m
Dismissal (Dkt. #58) is DENIED without prejudice; however should a more recent or updated
address be confirmed, this matter will be readdressed. Furthermore, plaintiff’s Motion for
Defendants to Provide Address Under Seal re Robert Martinez (Dkt. #59) is DEFERRED pending
the filing of the declaration by Central Records. The declaration shall be filed no later than Friday,
February 22, 2013.
The court notes, should the declaration confirm the address provided in Dkt. #17 as being
the most current address available for Mr. Martinez, plaintiff’s motion Dkt. #59 will become moot
and plaintiff’s motion Dkt. #58 will remain in effect as being denied.
VI. Motion to Withdraw Dkt. #54 Response to Motion to Extend Time (Dkt. #56)
This motion was filed with regard to a prior opposition to a motion that has been ruled on
by the court in Dkt. #52. In light of this, plaintiff’s Motion to Withdraw Dkt. #54 Response to
Motion to Extend Time (Dkt. #56) is DENIED as moot.
MINUTES OF PROCEEDINGS
3:11-cv-00522-RCJ-WGC
Date: February 19, 2013
Page 4
The courtroom administrator is directed to send Mr. Cruzado an updated docket sheet.
IT IS SO ORDERED.
2:20 p.m. Court adjourns.
LANCE S. WILSON, CLERK
By:
/s/
Katie Lyn Ogden, Deputy Clerk
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