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Williams v. Commonwealth

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


December 5, 2006

CHARLES WILLIAMS, PLAINTIFF
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, ET AL., DEFENDANTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 5th day of December, 2006, upon consideration of pro se plaintiff's motions (Docs. 118, 125, 134, 141) to compel discovery and depose witnesses,*fn1 and it appearing that the discovery deadline was March 10, 2003 (see Doc. 53), see FED. R. CIV. P. 6(b)(2) ("[When] an act is required or allowed to be done at or within a specified time, the court for cause shown may . . . upon motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect . . . ."); see also In re Cendant Corp. Prides Litig., 233 F.3d 188, 196 (3d Cir. 2000) (discussing factors to assess in determining excusable neglect), that plaintiff has not averred any reason for his belated discovery requests,*fn2 see id. (stating that the reason for the delay is a factor to consider), that, with the exception of his request for medical records, plaintiff's discovery requests will require a significant delay in these proceedings, see id. (stating that the potential impact of the delay is a factor to consider), and that plaintiff requested documents that are not relevant to the claims against the remaining defendant, Norris B. Webb, or would not be admissible at trial,*fn3 see id. at 195-96 (stating that equitable considerations are to be reviewed), it is hereby

ORDERED that the motions (Docs. 118, 125, 134, 141) are GRANTED in part and DENIED in part as follows:

1. The motions to compel discovery (Docs. 118, 125, 141) are GRANTED with respect to plaintiff's request for his medical records. On or before January 5, 2007, defendant Norris B. Webb shall produce plaintiff's medical records from the state correctional institution at Rockview from May 9, 1999 through the present.

2. The motions (Docs. 118, 125, 134, 141) are otherwise DENIED.

CHRISTOPHER C. CONNER United States District Judge


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