Picozzi v. State of Nevada

Opinion

3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 *** MARK PICOZZI, 8 Case No. 2:20-cv-00518-RFB-VCF Plaintiff, 9 vs. 10 ORDER STATE OF NEVADA, et al., 11 Defendants. MOTION TO COMPEL (ECF NO. 166); 12 M DIO SCTI OO VN E F RO YR ( E30 C FD A NY O .E 1X 69T )E NSION FOR

14 Pro se plaintiff Mark Picozzi filed motions to compel discovery and for thirty-day extension for 15 discovery. ECF Nos. 166 and 169. I deny the motion to compel without prejudice as premature, with 16 leave to refile if necessary, and deny the motion for a thirty-day discovery extension as moot. Id. 17 I. Background 18 This is a civil rights case. ECF No. 134. Plaintiff is Catholic and he alleges that for many years 19 he has been requesting ashes during Lent for Ash Wednesday, a no meat diet during Lent, and to receive 20 palms for Palm Sunday. Plaintiffs brings claims for violations of the First Amendment (free exercise of 21 religion) and the Religious Land Use and Institutionalized Persons Act. Id. At a motion hearing on 22 23 March 23, 2023, the parties requested to reopen discovery and the parties both declined the opportunity 24 to take each other’s depositions. ECF No. 160. I reopened discovery for sixty days and I limited the 25 parties to seeking written discovery. Id. Plaintiff argues in his motion to compel that the defendants have not responded to his written 1 discovery requests. ECF No. 166. Reading plaintiff’s motion liberally, he also appears to ask to take 2 depositions. Id. Defendants argue in the response that plaintiff’s motion to compel is premature because 3 4 he filed it before their deadline to respond to the written discovery. ECF No. 167. Defendants also argue 5 that plaintiff must follow the local rules and specify which discovery requests are at issue, if any. Id. 6 Defendants also argue that plaintiff had an opportunity to take depositions earlier, did not request to take 7 depositions at the last hearing, and that you explicitly ordered that discovery is limited to written 8 discovery. Id. Defendants also argue that the plaintiff did not meet and confer prior to filing the motion. 9 Id. Plaintiff argues in the reply that the defendants are engaging in “stall” tactics. ECF No. 168. 10 Plaintiff also asks for an additional thirty days to take discovery. ECF No. 169. The parties later 11 filed a stipulation to extend discovery. ECF No. 172. 12 II. Analysis 13 "A document filed pro se is, 'however inartfully pleaded, must be held to less stringent standards 14 than formal pleadings drafted by lawyers.'" Erickson v. Pardus, 551 U.S. 89, 94, 127 S. Ct. 2197, 167 L. 15 Ed. 2d 1081 (2007) (quoting Estelle v. Gamble, 429 U.S. 97, 106, 97 S. Ct. 285, 50 L. Ed. 2d 251 16 17 (1976)). "It is well recognized that a federal district court has the inherent power to administer its docket 18 in a manner that conserves scarce judicial resources and promotes the efficient and comprehensive 19 disposition of cases." M.C. Prods., Inc. v. AT&T (In re M.C. Prods., Inc.), No. 98-56964, 1999 U.S. 20 App. LEXIS 34116, at 2 (9th Cir. Dec. 22, 1999) (citations omitted). "The district court has wide 21 discretion in controlling discovery." Little v. City of Seattle, 863 F.2d 681, 685 (9th Cir. 1988). The 22 federal rules of civil procedure, "should be construed, administered, and employed by the court and the 23 parties to secure the just, speedy, and inexpensive determination of every action and proceeding." FRCP 24 1 (emphasis added). 25 2 Per Local Rule 26-6 (b), "[a]ll motions to compel discovery or for a protective order must set 1 forth in full the text of the discovery originally sought and any response to it." "Discovery motions will 2 not be considered unless the movant...has made a good faith effort to meet and confer as defined in LR 3 4 IA 1-3(f) before filing the motion." LR 26-6(c). 5 Since the defendants still had time to respond to the written discovery requests, I deny this 6 motion as premature. Plaintiff may refile his motion to compel, if necessary. Plaintiff must comply with 7 Local Rule 26-6(b) and set forth the text of the discovery he seeks in his motion to compel, if any. I also 8 order the parties to meet and confer prior to refiling any motion to compel. Plaintiff had the opportunity 9 to ask to take depositions at the last hearing. The parties should also meet and confer regarding 10 plaintiff’s purported need to now take depositions. Plaintiff may file a motion to reconsider if he now 11 believes that depositions are necessary. 12 ACCORDINGLY, 13 I ORDER that plaintiff’s motion to compel discovery (ECF No. 166) is DENIED AS 14 PREMATURE, without prejudice, and with leave to refile, if necessary. 15 I FURTHER ORDER that plaintiff’s motion for a thirty-day extension for discovery (ECF No. 16 17 169) is DENIED AS MOOT. 18 NOTICE 19 Pursuant to Local Rules IB 3-1 and IB 3-2, a party may object to orders and reports and 20 recommendations issued by the magistrate judge. Objections must be in writing and filed with the Clerk 21 of the Court within fourteen days. LR IB 3-1, 3-2. The Supreme Court has held that the courts of appeal 22 may determine that an appeal has been waived due to the failure to file objections within the specified 23 time. Thomas v. Arn, 474 U.S. 140, 142 (1985). This circuit has also held that (1) failure to file 24 objections within the specified time and (2) failure to properly address and brief the objectionable issues 25 3 waives the right to appeal the District Court's order and/or appeal factual issues from the order of the

5 District Court. Martinez v. YIst, 951 F.2d 1153, 1157 (9th Cir. 1991); Britt v. Simi Valley United Sch.

3 || Dist., 708 F.2d 452, 454 (9th Cir. 1983). 4 Pursuant to LR IA 3-1, the plaintiff must immediately file written notification with the court of 5 || any change of address. The notification must include proof of service upon each opposing party’s 6 || attorney, or upon the opposing party if the party is unrepresented by counsel. Failure to comply with this 7 || rule may result in dismissal of the action. 8 IT IS SO ORDERED. ° DATED this 14th day of May 2023. a Le

CAM FERENBACH

UNITED STATES MAGISTRATE JUDGE

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