James Anthony Rainone v. D. Paz et al

Filing 104

MINUTES (IN CHAMBERS) by Magistrate Judge Paul L. Abrams: Pursuant to this Court's Order of June 8, 2021, each party was ordered to file a Status Report no later than June 30, 2021. To date, the Court has not received a Status Report from pl aintiff. Accordingly, no later than August 12, 2021, plaintiff is ordered to show cause why this case should not be dismissed for failure to prosecute and to comply with a Court Order. The court clerk is directed to update the docket to reflect plaintiff's address is now Salinas Valley State Prison. The court clerk is also directed to send plaintiff copies of the Court's orders of June 8, June 17, and June 21, in the event those were not received by plaintiff. (es)

Case 2:18-cv-05086-GW-PLA Document 104 Filed 07/22/21 Page 1 of 22 Page ID #:800

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES-GENERAL
Case No.: CV 18-5086-GW (PLA)
Title:

Date: July 22, 2021

James Anthony Rainone v. D. Paz, et al.

PRESENT: THE HONORABLE

PAUL L. ABRAMS
UNITED STATES MAGISTRATE JUDGE

Christianna Howard
Deputy Clerk

N/A
Court Reporter / Recorder

ATTORNEYS PRESENT FOR PLAINTIFF:

ATTORNEYS PRESENT FOR DEFENDANT(S):

NONE
PROCEEDINGS:

N/A
Tape No.

NONE
(IN CHAMBERS)

Pursuant to this Court’s Order of June 8, 2021, each party was ordered to file a Status Report no later than June
30, 2021. To date, the Court has not received a Status Report from plaintiff. Accordingly, no later than August
12, 2021, plaintiff is ordered to show cause why this case should not be dismissed for failure to prosecute and
to comply with a Court Order. Filing of the Status Report on or before August 12, 2021, shall be deemed
compliance with this Order to Show Cause.
It has come to the Court’s attention that plaintiff’s location may have changed from the address listed on the
Court’s docket. The court clerk is directed to update the docket to reflect plaintiff’s address is now Salinas
Valley State Prison. The court clerk is also directed to send plaintiff copies of the Court’s orders of June 8, June
17, and June 21, in the event those were not received by plaintiff. Plaintiff is reminded that the Court must be
notified of any and all changes in plaintiff’s housing location.

cc:

James Anthony Rainone, pro se
Jeremy C. Doernberger, CAAG

Initials of Deputy Clerk

CV-90 (10/08)

CIVIL MINUTES - GENERAL

ch

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES-GENERAL
Case No.: CV 18-5086-GW (PLA)
Title:

Date: June 17, 2021

James Anthony Rainone v. D. Paz, et al.

PRESENT: THE HONORABLE

PAUL L. ABRAMS
UNITED STATES MAGISTRATE JUDGE

Christianna Howard
Deputy Clerk

N/A
Court Reporter / Recorder

ATTORNEYS PRESENT FOR PLAINTIFF:

ATTORNEYS PRESENT FOR DEFENDANT(S):

NONE
PROCEEDINGS:

N/A
Tape No.

NONE
(IN CHAMBERS)

This action has been assigned to the calendar of Magistrate Judge Michael Wilner to conduct a settlement
conference. Based on comments made by defendants in their Status Report, the conference shall take place after
the deposition of plaintiff, which in turn shall be conducted no later than August 15, 2021.

cc:

Hon. Michael R. Wilner, United States Magistrate Judge
James Anthony Rainone, pro se
Jeremy C. Doernberger, CAAG

Initials of Deputy Clerk

CV-90 (10/08)

CIVIL MINUTES - GENERAL

ch

Page 1 of 1

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES-GENERAL
Case No.: CV 18-5086-GW (PLA)
Title:

Date: June 8, 2021

James Anthony Rainone v. D. Paz, et al.

PRESENT: THE HONORABLE

PAUL L. ABRAMS
UNITED STATES MAGISTRATE JUDGE

Christianna Howard
Deputy Clerk

N/A
Court Reporter / Recorder

ATTORNEYS PRESENT FOR PLAINTIFF:

ATTORNEYS PRESENT FOR DEFENDANT(S):

NONE
PROCEEDINGS:

N/A
Tape No.

NONE
(IN CHAMBERS)

The Court has reviewed plaintiff’s June 1, 2021, letter, in which he asks that the Court disregard any action that
does not come directly from him; seeks a status report on the case; and requests that the case be placed in the
pro se prisoner settlement program. Plaintiff is advised that his Status Report (as required by the Court’s
February 4, 2021, Order re Discovery and Motions) is due no later than June 30, 2021. The court clerk is
directed to send plaintiff a copy of the February 4 Order along with this Order, as well as a copy of the ECF case
docket. The Court will act only on matters that appear to come directly from plaintiff. Finally, the Court will
refer this matter to the pro se prisoner settlement program. However, the case is not stayed while the parties
await a date for a settlement conference, and all previously-set dates and deadlines remain in force.

cc:

James Anthony Rainone, pro se
Jeremy C. Doernberger, CAAG

Initials of Deputy Clerk

CV-90 (10/08)

CIVIL MINUTES - GENERAL

ch

Page 1 of 1

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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JAMES ANTHONY RAINONE,

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Plaintiff,

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v.
D. PAZ, et al.,

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Defendants.

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No. CV 18-5086-GW (PLA)
ORDER RE DISCOVERY AND MOTIONS
[CIVIL RIGHTS]

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If plaintiff(s) and defendant(s) are willing to consent to magistrate judge jurisdiction, he/she

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shall file a completed Statement of Consent to Proceed Before Assigned United States Magistrate

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Judge Form CV 11 with the Clerk and serve opposing counsel with same within 28 days of this

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date. The Clerk shall serve plaintiff(s) and defendant(s) with a copy of the Form CV 11 along with

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this Order. THE PARTIES ARE FREE TO WITHHOLD CONSENT WITHOUT ADVERSE

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SUBSTANTIVE CONSEQUENCES.

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DISCOVERY
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All discovery shall be completed on or before September 6, 2021. No discovery may be
taken after that date without the prior approval of the Court. Such approval will be granted only
in exceptional circumstances and upon a showing of good cause. Discovery taken by deposition
is complete when questioning ceases. Discovery taken by written request (interrogatories,
requests for production of documents and things, and requests for admissions) is complete on the
date when the written response to the request is due.
2.

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party’s claim or defense in the pending action. See Fed.R.Civ.P. 26(b)(1). Pro se litigants are
entitled to discovery in civil rights actions to the same extent as are litigants represented by
counsel. Of course, the Court may order a complete or partial stay of discovery in appropriate
circumstances, including where a defense of qualified immunity is raised.
3.

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after service of the deposition notice and at least five (5) court days before the discovery cut-off
date.
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Interrogatories
Any interrogatories shall be served at least forty-five (45) calendar days prior to the

discovery cut-off date.
5.

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Depositions
The parties shall schedule depositions to commence at least fourteen (14) calendar days

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Availability of Discovery
Parties may obtain discovery regarding any matter, not privileged, which is relevant to any

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General Cut-Off Date

Production of Documents and Things
Any request for production of documents or things shall be served at least forty-five (45)

calendar days prior to the discovery cut-off date.
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Requests for Admissions
Any requests for admissions shall be served at least forty-five (45) calendar days prior to

the discovery cut-off date.

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STATUS REPORT

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Each party shall file and serve a status report on or before May 4, 2021. The status report
shall contain the following information:

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A.

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A summary of the proceedings to date and a statement of the principal issues raised
by the case;

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B.

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A statement as to whether all parties have been served, and if not, a proposed
deadline by which service will be completed;

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C.

A description of any discovery completed, and a schedule for any future discovery;

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D.

A list of contemplated motions, if any, along with proposed dates for the filing and

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hearing of such motions;

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E.

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An estimate of the time likely to be required for trial, and a statement as to whether
trial by jury is desired and has been properly requested;

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F.

A description of any settlement negotiations that have occurred, and a

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recommendation as to the form of settlement conference or other method of

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alternative dispute resolution that would be most appropriate given the nature of this

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case;

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G.

Any suggestions the parties may wish to make regarding the management of this

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action. Where feasible, the parties are strongly encouraged to file a joint status

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report.

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MOTIONS
1.

Last Day for Adding Parties or Amending Pleadings

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The last date for adding parties or amending pleadings is no later than April 5, 2021. All

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motions to add other parties or amend the pleadings shall be noticed for hearing on or before that

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date. All unserved parties will be dismissed at the time of the Final Pretrial Conference pursuant

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to Local Rule 16-8.1.

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2.

Discovery Motions

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Any motion challenging the adequacy of a discovery response, or seeking an order

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compelling further discovery, shall be filed and served not later than ten (10) calendar days after
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the discovery cut-off date. The Court expects the parties to resolve discovery problems among

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themselves whenever possible.

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Substantive Motions

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Any motions directed to the Court’s jurisdiction or to the merits of any claim or defense

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(such as a motion to dismiss or a motion for summary judgment) shall be filed and served not later

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than October 4, 2021. If no party to the action is in custody, the hearing date and briefing

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schedule shall be set according to Local Rules 6 and 7, unless otherwise indicated by the Court.

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If any party to the action is in custody, then no hearing date will be set. Any opposition to the

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motion shall be filed and served within thirty (30) calendar days after service of the motion, and

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any reply shall be filed and served within fifteen (15) calendar days after service of the opposition.

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The motion shall be deemed submitted for decision on the basis of the papers timely filed and

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without oral argument unless otherwise ordered by the Court.

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COMPLIANCE WITH RULES
All parties must comply with the Federal Rules of Civil Procedure and the Local Rules of
this Court, unless compliance is expressly waived by Court order.

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Compliance with the following Local Rules of this Court is waived if, and only if, plaintiff is

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in custody and not represented by counsel: 7-3; 7-14; 7-15 (all motions shall be deemed submitted

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the day after the reply papers are due); 26-1; 37-1; 37-2; 37-3; 65-1 (but only to the extent that it

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requires motions for temporary restraining orders or preliminary injunctions to be set for hearing

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on the calendar); 16-2 (but only to the extent that it requires the parties to meet in person); and

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16-7 (but only to the extent that it requires plaintiff to prepare and lodge the Pre-Trial Conference

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Order; defendant(s) shall prepare and lodge the Order).

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IT IS SO ORDERED.

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DATED: February 4, 2021

PAUL L. ABRAMS
UNITED STATES MAGISTRATE JUDGE

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NAME, ADDRESS & TELEPHONE NUMBER OF ATTORNEY(S) FOR, OR, PLAINTIFF OR
DEFENDANT IF PLAINTIFF OR DEFENDANT IS PRO PER

ATTORNEYS FOR:

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CASE NUMBER:

Plaintiff(s)
v.

Defendant(s)

STATEMENT OF CONSENT TO PROCEED BEFORE A
UNITED STATES MAGISTRATE JUDGE PURSUANT
TO TITLE 28 U.S.C. § 636(c)
(For use in Report and Recommendation Cases Only)

THIS FORM SHALL BE USED ONLY IN CASES THAT HAVE BEEN ASSIGNED TO A DISTRICT JUDGE
AND REFERRED TO A MAGISTRATE JUDGE FOR A REPORT AND RECOMMENDATION.
(NOTE: PARTIES IN HABEAS CASES SHOULD USE FORM CV-11B)

I.

NOTICE REGARDING CONSENT TO A MAGISTRATE JUDGE PURSUANT TO LOCAL RULE 73-3
1.

2.

Approval by the assigned District Judge is not required for cases referred to a Magistrate Judge for a
Report and Recommendation.

3.

Parties are free to withhold consent to Magistrate Judge jurisdiction without adverse substantive
consequences.

4.
II.

In accordance with the provisions of 28 U.S.C. § 636(c), all parties may consent to a Magistrate Judge to
conduct all further proceedings, including jury or non-jury trial (if applicable), and entry of final
Judgment, by executing and filing a joint (or separate) statement(s) of consent, setting forth such election.

If all parties consent to the jurisdiction of a Magistrate Judge, any appeal would be made directly to the
United States Court of Appeals.

CONSENT TO A MAGISTRATE JUDGE
I voluntarily consent to have a United States Magistrate Judge conduct all further proceedings in this case,
including a trial (if applicable), and order the entry of final Judgment.
Name of Counsel OR Party if Pro Se

Signature and date

Counsel for (Name Parties)

STATEMENT OF CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE PURSUANT TO TITLE 28 U.S.C. § 636(c)
(For Use in Report and Recommendation Cases Only)
CV-11 (05/16)

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