Savage v. Fallin et al

RESPONSE in Opposition re MOTION to Compel

W.D. Okla.February 22, 2019

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA KENT G. SAVAGE, ) ) Plaintiff, ) ) v. ) Case No. CIV-15-1194-HE ) MARY FALLIN, et al., ) ) Defendants. ) DEFENDANTS’ RESPONSE AND OBJECTION TO PLAINTIFF’S MOTION TO COMPEL COME NOW Defendants Bryant and Allbaugh, and respectfully submit the following response to Plaintiff’s Motion to Compel Discovery, filed at Doc. 103. Defendants would specifically show the Court as follows: 1. On October 15, 2018, the Court entered an order requiring completion of discovery by November 16, 2018. Doc. 91. 2. Plaintiff served discovery requests to Defendants Allbaugh and Bryant on or about October 24, 2018, with a response deadline of November 26, 2016. 3. Because the response deadline fell outside the scheduling order’s discovery deadline, the discovery requests were untimely submitted. See Thomas v. Pacificorp, 324 F.3d 1176, 1179 (10th Cir. 2003), holding that written discovery is untimely unless served thirty days prior to the discovery cut-off date. Case 5:15-cv-01194-HE Document 104 Filed 02/22/19 Page 1 of 3 2 4. Furthermore, the stay in this case expired on August 28, 2018. Doc. 87. Plaintiff could have endeavored to commence discovery at that time instead of waiting until October 24, 2018. Thus, Plaintiff’s failure to timely serve discovery was due to his own failure to prosecute this action after he failed to secure counsel. 5. Nevertheless, should the Court determine that Plaintiff’s discovery requests were timely submitted, responses will be submitted to Plaintiff contemporaneously with this filing. Exhibit 1. CONCLUSION For the reasons set forth above, Plaintiff’s Motion to Compel should be denied. Respectfully submitted, /s/ Kari Y. Hawkins KARI Y. HAWKINS, OBA #19824 RICHARD N. MANN, OBA # 11040 Assistant Attorneys General Oklahoma Attorney General’s Office Litigation Section 313 NE 21st Street Oklahoma City, OK 73105 Telephone: (405) 521-3921 Facsimile: (405) 521-4518 Email: kari.hawkins@oag.ok.gov Attorneys for Defendants Case 5:15-cv-01194-HE Document 104 Filed 02/22/19 Page 2 of 3 3 CERTIFICATE OF SERVICE I hereby certify that on this 22nd day of February, 2019, I electronically transmitted the foregoing document to the Clerk of Court using the ECF System for filing and copy of the foregoing document was sent via U.S. Mail, postage prepaid to the following who not an ECF registrant: Kent Savage, #646862 North Fork Correctional Center 1605 East Main Street Sayre, OK 73662 Plaintiff Pro Se /s/Kari Y. Hawkins Kari Y. Hawkins Case 5:15-cv-01194-HE Document 104 Filed 02/22/19 Page 3 of 3