(PC) Kindred v. Allenby et al, No. 1:2014cv01652 - Document 92 (E.D. Cal. 2018)

Court Description: ORDER VACATING 84 FINDINGS AND RECOMMENDATIONS to Deny Motion for Permission to File Addendum to Complaint; ORDER DENYING 90 Motion Requesting a Telephonic Conference With the Magistrate Judge and Defendants; ORDER GRANTING 73 Plaintiff's Motion Requesting Permission to File an Addendum; and ORDER EXTENDING Discovery Deadline to 6/30/2018 signed by Magistrate Judge Jeremy D. Peterson on 5/18/2018. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RICHARD S. KINDRED, 12 13 Plaintiff, vs. 14 Defendants. ORDER VACATING FINDINGS AND RECOMMENDATION TO DENY MOTION FOR PERMISSION TO FILE ADDENDUM TO COMPLAINT MARISA BIGOT, et al., 15 Case No. 1:14-cv-01652-AWI-JDP (ECF No. 84) ORDER DENYING MOTION REQUESTING A TELEPHONIC CONFERENCE WITH THE MAGISTRATE JUDGE AND DEFENDANTS 16 17 (ECF No. 90) 18 ORDER EXTENDING DISCOVERY DEADLINE 19 20 21 22 23 24 25 Richard S. Kindred (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. ' 1983. Plaintiff seeks to supplement his amended complaint. Defendants Bigot and Bell request an extension of the discovery schedule. Plaintiff requests a telephonic conference to discuss discovery issues. This order addresses these three requests. 26 27 28 1 1 On February 9, 2018, Plaintiff filed a motion (ECF No. 73) seeking to file an addendum 2 to his amended complaint.1 On April 2, 2018, the Court recommended that Plaintiff’s motion 3 be denied. (ECF No. 84.) The Court now vacates its April 2, 2018 findings and 4 recommendation. A party may be permitted supplement to a complaint if the supplement sets 5 out a “transaction, occurrence, or event that happened after the date of the pleading to be 6 supplemented.” Fed. R. Civ. P. 15(d). The Court has reviewed the proposed supplement and 7 finds that it meets the requirements of Rule 15(d). Therefore, the Court will permit the 8 supplement sought by Plaintiff. 9 On April 16, 2018, defense counsel filed a status report stating that the parties are in the 10 process of working through certain discovery issues. (ECF No. 87.) Defendants asked that the 11 Court “extend the discovery deadline through June 30, 2018, to ensure that all remaining and 12 newly propounded discovery can be completed.” (Id. at 3.) On May 7, 2018, Plaintiff filed a 13 motion requesting a telephonic conference with the Court and Defendants to discuss discovery 14 issues. (ECF No. 90.) Considering the Defendants’ and Plaintiff’s motions, the Court will 15 allow the parties additional time to resolve discovery issues. Given this additional allowance of 16 time, the Court does not believe that a telephonic conference is necessary. The Court expects 17 that the parties will work in good faith toward resolution of the discovery disputes. However, if 18 the discovery disputes remain unresolved by June 30, 2018, the parties may request a 19 telephonic conference. 20 Accordingly, THE COURT HEREBY ORDERS that: 21 1. The findings and recommendations issued by the Court on April 2, 2018 (ECF No. 22 84), are VACATED; 2. Plaintiff’s motion requesting permission to file an addendum (ECF No. 73) is 23 24 GRANTED; 25 3. Plaintiff’s motion requesting a telephonic conference with the Court and Defendants 26 (ECF No. 90) is DENIED; and 27 28 The Court will construe Plaintiff’s motion for permission to file an addendum to the complaint (ECF No. 73) as a motion to supplement the complaint. 1 2 1 4. The discovery deadline is EXTENDED from March 30, 2018 to June 30, 2018. 2 3 4 IT IS SO ORDERED. Dated: May 18, 2018 /s/ 5 Jeremy D. Peterson UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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