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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CARLOS HENDON,

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Plaintiff,

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ORDER COMMENCING DISCOVERY
BETWEEN PLAINTIFF AND DEFENDANT HOPPE

v.

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1:05-cv-01247-AWI-GSA-PC

BAROYA, et al.,

Discovery Cut-Off Date -

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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

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to Federal Rules of Civil Procedure 1, 16, and 26-36, discovery between Plaintiff and defendant

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Hoppe shall proceed as follows:

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1. Discovery requests shall be served by the parties pursuant to Federal Rule of Civil

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Procedure 5 and Local Rule 135, and shall only be filed when required by Local Rules 250.2, 250.3,

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and 250.4;

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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

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served to respond, discovery requests must be served at least forty-five (45) days before the

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discovery deadline;

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4. Pursuant to Federal Rule of Civil Procedure 30(a), defendant may depose plaintiff and

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any other witness confined in a prison upon condition that, at least fourteen (14) days before such a
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deposition, defendant serve all parties with the notice required by Federal Rule of Civil Procedure

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30(b)(1); and

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5. If disputes arise about the parties' obligations to respond to requests for discovery, the

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parties shall comply with all pertinent rules including Rules 5, 7, 11, 26, and 37 of the Federal Rules

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of Civil Procedure and Rules 110, 130, 131, 133, 135, 142, and 230(l) of the Local Rules of Practice

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for the United States District Court, Eastern District of California. Unless otherwise ordered, Local

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Rule 251 shall not apply, and the requirement set forth in Federal Rules of Civil Procedure 26 and 37

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that a party seeking relief from the court certify that he or she has in good faith conferred or

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attempted to confer with the other party or person in an effort to resolve the dispute prior to seeking

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court action shall not apply. Voluntary compliance with this provision of Rules 26 and 37 is

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encouraged, however. A discovery motion that does not comply with all applicable rules will be

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stricken and may result in imposition of sanctions.

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Further:

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6. The parties are advised that the deadline for the completion of all discovery between

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Plaintiff and defendant Hoppe, including filing motions to compel, shall be August 1, 2012;

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7. The deadline for all parties to this action to file pre-trial dispositive motions shall be
October 1, 2012;

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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

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9. Extensions of time will only be granted on a showing of good cause.

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IT IS SO ORDERED.

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Dated:
6i0kij

March 26, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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