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McCain v. Jenkins, 2:15-cv-1262. (2018)

Court: District Court, S.D. Ohio Number: infdco20181214e78 Visitors: 20
Filed: Dec. 13, 2018
Latest Update: Dec. 13, 2018
Summary: ORDER AND ENTRY: (1) DENYING PRO SE PLAINTIFF'S MISCELLANEOUS MOTIONS (DOCS. 109, 117, 119); (2) ORDERING THE CLERK OF COURTS TO MAIL PLAINTIFF A COPY OF THE COURT'S OCTOBER 5, 2018 ORDER; (3) DENYING DEFENDANTS' MOTION FOR A STATUS CONFERENCE (DOC. 118); (4) GRANTING PLAINTIFF'S MOTION FOR AN EXTENSION OF TIME (DOC. 121); AND (5) SETTING A DEADLINE OF JANUARY 7, 2019 FOR PLAINTIFF TO FILE A MEMORANDUM IN OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND TO FILE A CROSS-MOTION FOR S
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ORDER AND ENTRY: (1) DENYING PRO SE PLAINTIFF'S MISCELLANEOUS MOTIONS (DOCS. 109, 117, 119); (2) ORDERING THE CLERK OF COURTS TO MAIL PLAINTIFF A COPY OF THE COURT'S OCTOBER 5, 2018 ORDER; (3) DENYING DEFENDANTS' MOTION FOR A STATUS CONFERENCE (DOC. 118); (4) GRANTING PLAINTIFF'S MOTION FOR AN EXTENSION OF TIME (DOC. 121); AND (5) SETTING A DEADLINE OF JANUARY 7, 2019 FOR PLAINTIFF TO FILE A MEMORANDUM IN OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND TO FILE A CROSS-MOTION FOR SUMMARY JUDGMENT

This civil case is before the Court on a number of motions filed by the parties. On September 4, 2018, pro se Plaintiff filed a motion seeking to address issues regarding the lack of discovery responses from certain individual Defendants. Doc. 109. The Court addressed these issues in an Order on October 5, 2018 (doc. 113) and, therefore, Plaintiff's motion (doc. 109) is DENIED. Plaintiff contends that he never received a copy of the Court's October 5, 2018 Order and, accordingly, the undersigned ORDERS that the Clerk of Court mail a copy of this Court's October 5, 2018 Order (doc. 113) to Plaintiff's address of record via United States Mail.1

On October 19, 2018, Plaintiff filed a motion seeking relief as a result of Defendants' counsel personally serving discovery responses upon him at the correctional facility, as opposed to sending those materials via regular United States mail.2 Doc. 117. According to Plaintiff, counsel's handdelivery of discovery responses at the correctional facility caused a security breach. Id.

On October 23, 2018, Defendants filed a motion seeking a status conference regarding the issues presented in Plaintiff's motion. Doc. 118. Thereafter, Plaintiff filed a follow-up motion in this regard on October 29, 2018 (doc. 119), to which Defendants filed an opposition memorandum (doc. 120) and Plaintiff filed a reply (doc. 122). The undersigned concludes that there is no relief that the Court can provide with regard to the "security" issues presented in Plaintiff's motions (docs. 117, 119) and, therefore, those motions are DENIED. Finding no need for a status conference on this issue, the undersigned further DENIES Defendants' motion seeking such a conference (doc. 118).

Finally, Plaintiff requests an extension of time "until after the holiday season" to file a memorandum in opposition to Defendants' motion for summary judgment and to file a cross-motion for summary judgment. Doc. 121. For good cause shown, the undersigned GRANTS Plaintiff's motion (doc. 121) and ORDERS Plaintiff to file his summary judgment opposition memorandum on or before January 7, 2019. Plaintiff may file a cross-motion for summary judgment on or before January 7, 2019.

A copy of this Order shall be mailed to Plaintiff by regular United States mail at his address of record.

IT IS SO ORDERED.

FootNotes


1. The undersigned notes that the Court's docket indicates that this Order was previously sent via regular mail to Plaintiff on October 5, 2018.
2. Pro se Plaintiff also notes the absence of certain documents in the discovery provided. Doc. 117 at PageID 770. Counsel for Defendant addressed Plaintiff's concerns in her responsive memorandum (doc. 120 at PageID 795-96). Plaintiff offers no further argument regarding these purported documents (see doc. 122) and, therefore, the undersigned finds, based upon the representations of defense counsel (doc. 120), that no further discovery issues remain outstanding.
Source:  Leagle

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