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Haynes v. Munson

November 28, 2006

WALTER HAYNES ADC #111110 PLAINTIFF
v.
ROBERT MUNSON DEFENDANT



The opinion of the court was delivered by: James M. Moody United States District Judge

ORDER

On November 14, 2006, Plaintiff's appointed counsel, Jesse L. Kearney, filed his third motion for leave to amend Plaintiff's complaint (docket entry #98). Defendant has filed objections (docket entry #100). The deadline to add parties and to amend pleadings was October 6, 2006; accordingly, Plaintiff's third motion to amend is denied as untimely.

Plaintiff has also filed a second motion to compel (docket entry #99). Defendant has responded (docket entry #101) and stands by all objections previously made in response to Plaintiff's discovery requests. After further review, the motion is granted in part and denied in part. Defendant is directed to more fully respond to the following discovery on or before December 20, 2006:

Request for Production of Documents #2 and #3*fn1 ; Interrogatories #1, #2, #3 and #4; and Request for Admissions #13, #14, #15 and #16.

In accordance with the above, IT IS THEREFORE ORDERED that:

1. Plaintiff's third motion for leave to amend his complaint (docket entry #98) is DENIED.

2. Plaintiff's second motion to compel (docket entry #99) is GRANTED IN PART and DENIED IN PART. Defendant is directed to respond more fully to the specifically referenced Requests for Production, Interrogatories and Request for Admissions set forth above on or before December 20, 2006.

IT IS SO ...


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