Hendon v. Baroya et al

Filing 88

ORDER COMMENCING DISCOVERY between Plaintiff and Defendant Hoppe, signed by Magistrate Judge Gary S. Austin on 03/26/2012.( Discovery due by 8/1/2012 and Dispositive Motions filed by 10/1/2012) (Martin-Gill, S)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 CARLOS HENDON, 11 Plaintiff, 12 ORDER COMMENCING DISCOVERY BETWEEN PLAINTIFF AND DEFENDANT HOPPE v. 13 1:05-cv-01247-AWI-GSA-PC BAROYA, et al., Discovery Cut-Off Date - 14 15 16 Defendants. 08/01/2012 Dispositive Motions Deadline for all parties - 10/01/2012 ______________________________/ On August 1, 2011, defendant Hoppe answered the Second Amended Complaint. Pursuant 17 to Federal Rules of Civil Procedure 1, 16, and 26-36, discovery between Plaintiff and defendant 18 Hoppe shall proceed as follows: 19 1. Discovery requests shall be served by the parties pursuant to Federal Rule of Civil 20 Procedure 5 and Local Rule 135, and shall only be filed when required by Local Rules 250.2, 250.3, 21 and 250.4; 22 23 24 2. Responses to written discovery requests shall be due forty-five (45) days after the request is first served; 3. To ensure that the responding party has forty-five (45) days after the request is first 25 served to respond, discovery requests must be served at least forty-five (45) days before the 26 discovery deadline; 27 4. Pursuant to Federal Rule of Civil Procedure 30(a), defendant may depose plaintiff and 28 any other witness confined in a prison upon condition that, at least fourteen (14) days before such a -1- 1 deposition, defendant serve all parties with the notice required by Federal Rule of Civil Procedure 2 30(b)(1); and 3 5. If disputes arise about the parties' obligations to respond to requests for discovery, the 4 parties shall comply with all pertinent rules including Rules 5, 7, 11, 26, and 37 of the Federal Rules 5 of Civil Procedure and Rules 110, 130, 131, 133, 135, 142, and 230(l) of the Local Rules of Practice 6 for the United States District Court, Eastern District of California. Unless otherwise ordered, Local 7 Rule 251 shall not apply, and the requirement set forth in Federal Rules of Civil Procedure 26 and 37 8 that a party seeking relief from the court certify that he or she has in good faith conferred or 9 attempted to confer with the other party or person in an effort to resolve the dispute prior to seeking 10 court action shall not apply. Voluntary compliance with this provision of Rules 26 and 37 is 11 encouraged, however. A discovery motion that does not comply with all applicable rules will be 12 stricken and may result in imposition of sanctions. 13 Further: 14 6. The parties are advised that the deadline for the completion of all discovery between 15 Plaintiff and defendant Hoppe, including filing motions to compel, shall be August 1, 2012; 16 17 7. The deadline for all parties to this action to file pre-trial dispositive motions shall be October 1, 2012; 18 19 8. A request for an extension of a deadline set in this order must be filed on or before the expiration of the deadline in question; and 20 9. Extensions of time will only be granted on a showing of good cause. 21 22 IT IS SO ORDERED. 23 Dated: 6i0kij March 26, 2012 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 -2-

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