Free Order - District Court of Arizona - Arizona

1 2 3 4 5 6

WO

IN THE UNITED STATES DISTRICT COURT
7

FOR THE DISTRICT OF ARIZONA
8 9 10 11 12 13 14

Albert Deleon,

) ) Plaintiff, ) ) vs. ) ) Dora Schriro, et al., ) ) Defendants. ) ______________________________)

CV 04-446-PHX-PGR (MS)

ORDER

Before the Court is Plaintiff's "Response/Reply to Defendant Reyna's Answer to
15

Second Amended Complaint" filed September 9, 2005. Federal Rule of Civil Procedure
16

7(a) states that "there shall be a complaint and an answer. . .no other pleading shall
17

be allowed, except that the court may order a reply to an answer. . . ." The Court did
18

not order that Plaintiff be allowed to file a reply to Defendants' Answer. The Court,
19

therefore, will strike Plaintiff's Reply to Reyna's Answer.
20

The discovery deadline in this case has already passed. Accordingly, the Court
21

will extend discovery 60 days as to Defendant Reyna only. That is, Plaintiff and
22

Defendant Reyna shall have 60 days to make discovery requests.
23 24

Plaintiff and

Defendant Reyna shall be permitted 25 interrogatories and 15 requests for production of documents, and 10 requests for admissions. No request shall be repetitive of any
25

other request already propounded to other Defendants. The parties shall have 90 days
26

to file any motion to compel. The dispositive motions deadline of October 17, 2005 will
27

remain the same. If Plaintiff has not received the discovery necessary to respond to a
28 Case 2:04-cv-00446-JAT Document 165 Filed 09/21/2005 Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

dispositive motion filed by Defendant Reyna, if any, Plaintiff shall file his response and move to supplement his response once the discovery is received. Accordingly, IT IS ORDERED that: 1. Plaintiff's "Response/Reply to Defendant Reyna's Answer to Second Amended Complaint" filed September 9, 2005 is STRICKEN as improperly filed. 2. The Court's May 18, 2005 Scheduling Order is amended as to Defendant Reyna only: a. The last day by which discovery requests may be submitted: November 18, 2005. b. Discovery disputes must be brought to the attention of the court by: December 19, 2005. All other provisions of the Court's May 18, 2005 Order shall remain in effect. DATED this 19th day of September, 2005.

Case 2:04-cv-00446-JAT

2 Document 165

Filed 09/21/2005

Page 2 of 2