Martin v. Uttecht

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 10 WILLIAM MARTIN, CASE NO. 3:18-cv-05929-BHS-JRC 11 Plaintiff, ORDER DENYING MOTION FOR 12 v. DISCOVERY 13 JAY INSLEE, et al., 14 Defendants.

16 The District Court has referred this 42 U.S.C. § 1983 civil rights action to United States Magistrate Judge J. Richard Creatura. See Dkt. 2. Before the Court is plaintiff’s “motion for discovery.” Dkt. 28.

19 Plaintiff, who is pro se, filed a letter with the Court that appears to request dates to depose defendants (Dkt. 28, at 1) and that he be provided with evidence to support his claims— all evidence gather in support of two investigations at Coyote Ridge Correction Center; any grievances, incident reports, or complaints against defendants; defendants’ work and criminal histories; defendants’ phone and email records; and defendants’ communications on discriminatory media. See Dkt. 12.

3 Plaintiff’s requests are not timely. Plaintiff wrote his letter with his discovery requests a mere three days before the discovery cutoff, and his motion was filed just two days before the cutoff. See Dkt. 28. Pursuant to the Court’s pretrial scheduling order, all discovery—including the service of responses to requests to produce and the taking of depositions—was to be completed by the discovery cutoff date. See Dkt. 24, at 1; accord Tate v. United States, No. CV159323FMOJPRX, 2017 WL 10543551, at *2 (C.D. Cal. Apr. 24, 2017) (to be timely, a deposition must be scheduled before a discovery cutoff).

10 Plaintiff did not request an extension of the discovery cutoff before it expired and has not provided good cause for additional time under the Local Rules. See Local Civil Rule 16(b)(6) (“Mere failure to complete discovery within the time allowed does not constitute good cause for an extension or continuance.”). To the extent that he is making a belated request to extend the discovery cutoff, his request is denied.

15 Plaintiff’s motion for discovery (Dkt. 28) is denied.

16 Dated this 25th day of March, 2020.

A J. Richard Creatura United States Magistrate Judge