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- gand;;1:15-cv-00501_de67 RegisterActionDate "2017-01-30" @default.
- gand;;1:15-cv-00501_de67 RegisterActionDescriptionText "ORDER that because this court agrees with the magistrate judge that dismissal with prejudice is too harsh a sanction given the difficulties the plaintiff faced in complying with his discovery obligations and providing address updates while incarcerated, the court declines to adopt the R&R [Doc. No. 41 ]. Therefore, the defendants' motion to dismiss [Doc. No. 32 ] is DENIED. In order to allow the parties to conduct discovery (which did not occur because of the plaintiff's incarceration in Kentucky), the court will reopen the discovery period for 60 days from the date of this order. The defendants are directed to re-serve the plaintiff with their written discovery at his current address. The plaintiff is admonished that he is required to timely answer written discovery. To the extent that he fails to answer the newly served written discovery to the defendants' satisfaction, the defendants may file a motion to compel and for sanctions. Additionally, the defendants attempted to take the plaintiff's deposition last spring and are free to re-notice his deposition for the reopened discovery period. However, because the plaintiff is incarcerated, the defendants may wish to await his release, which is estimated to be April 2017. If the defendants choose wait to conduct the plaintiff's deposition after he is released from custody, the defendants must file a motion to extend the discovery period for the limited purpose of conducting the plaintiff's deposition. However, such motion to extend the discovery period shall be filed no later than the last day of the 60-day discovery period. Signed by Judge Charles A. Pannell, Jr on 1/30/2017. (tcc) (Entered: 01/30/2017)" @default.
- gand;;1:15-cv-00501_de67 AdministrativeID "45" @default.
- gand;;1:15-cv-00501_de67 hasReferenceToOtherEntry gand;;1:15-cv-00501_de48 @default.
- gand;;1:15-cv-00501_de67 hasReferenceToOtherEntry gand;;1:15-cv-00501_de59 @default.