Gamboa

I. DISCUSSION

25 On November 1, 2023, Plaintiff filed a “Declaration in support for Requests for 26 Admission and Motion to Compel Defendants to Answer Production of Documents and to 27 Answer Interrogatory Requests.” (ECF No. 181). In this filing, Plaintiff states that he has 28 requested Defendants’ answer to the requests for admission submitted on August 16, 2023, and Defendants have refused to answer based on the “old scheduling order” and the order granting Defendants’ third motion to modify the scheduling order. (Id., pp. 1). On November 14, 2023, the Court directed Defendants to file a response indicating whether they ever received or responded to the RFAs that Plaintiff stated were sent on August 16, 5 2023. (ECF No. 187, p. 4-5). The Court otherwise denied Plaintiff’s motion. (Id., p. 5). 6 On November 28, 2023, Defendants filed a response in opposition to Plaintiff’s request. 7 (ECF No. 193). Defendants argue that Plaintiff’s motion to compel “should be denied because the 8 Request[s] for Admission were untimely served and exceeded the number permitted by the 9 Scheduling Order.” (Id., p. 2). In support of their opposition, Defendants include the…