Lotersztain
(PC) Witkin v. Lotersztain
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL WITKIN, No. 2:19-cv-0406 TLN KJN P Plaintiff, v. ORDER M LOTERSZTAIN, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding pro se. Multiple motions by plaintiff are pending and addressed below. Motion to Compel Discovery Plaintiff’s motion to compel discovery is untimely. The modified scheduling order extended the discovery deadline to August 30, 2021. Under the scheduling order, all motions to compel discovery were to be filed no later than August 30, 2021. Plaintiff submitted his motion to prison staff for mailing on September 23, 2021. (ECF No. 44 at 121.) Because plaintiff’s motion was filed after the discovery deadline expired, the motion to compel is denied. In any event, plaintiff’s interrogatories sought expert testimony without compliance with the written report requirements of Federal Rule of Civil Procedure 26(a)(2)(B). See Goodman v. Staples the Office Superstore,…