Chaney v. Mayberg et al

Filing 14

SCHEDULING ORDER, signed by Chief Judge B. Lynn Winmill on 10/16/13. Jack Carter added. Andrew Beard terminated. 11 Motion for Extension of Time to File Answer Granted. (Gonzalez, R)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION

ELDRIDGE CHANEY,
Case No. 1:08-cv-01196-BLW
Plaintiff,
SCHEDULING ORDER
v.
AUDREY KING and JACK CARTER,
Defendants.

On August 1, 2013, the Court entered an Order severing this case from the
consolidated case of Allen v. Mayberg, 1:06-cv-01801-BLW-LMB. The Court also
substituted as Defendants Audrey King and Andrew Berard1 and dismissed all claims
against all other Defendants. The Court has been notified that Andrew Berard is no longer
the Acting Chief of Protective Services and Security at Coalinga State Hospital (“CSH”).
Therefore, Jack Carter, the current Acting Chief of Protective Services and Security, will
be substituted as a Defendant in this case in place of Andrew Berard, pursuant to Federal
Rule of Federal Procedure 25(d).
Defendants requested an extension of time to file their Answer and proposed
scheduling order, which the Court will grant. Because Defendants have filed their

1

The Order incorrectly spelled this Defendant’s name as “Andrew Beard.”

SCHEDULING ORDER - 1

Answer, it is appropriate for the Court to set a pretrial schedule in this matter. The parties
shall follow the pretrial schedule set forth herein below, unless a later order sets new
deadlines.
ORDER
IT IS ORDERED:
1.

Jack Carter is hereby SUBSTITUTED as a Defendant for Andrew Berard
and the caption shall reflect that Audrey King and Jack Carter are the sole
Defendants in this case.

2.

Defendants’ Request for Extension of Time To File Answer and Proposed
Scheduling Order (Dkt. 11) is GRANTED.

IT IS FURTHER ORDERED:
1.

The following voluntary disclosures shall be served on the parties no later
than November 23, 2013:
a.

All relevant information pertaining to the remaining claims and
defenses in this case, including the names of individuals likely to
have discoverable information, along with the subject of the
information.

b.

Any relevant documents in the parties’ possession, in a redacted
form if necessary for security or privilege purposes.

c.

If necessary, the parties shall provide a security/privilege log

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sufficiently describing any undisclosed relevant documents which
are alleged to be subject to nondisclosure.
d.

Any party may request that the Court conduct an in camera review of
withheld documents or information.

2.

All discovery—except disclosure of expert witnesses pursuant to Federal
Rule of Civil Procedure 26(a)(2)—shall be completed by April 1, 2014.
Any motions to compel discovery must be made on or before that date.

3.

Disclosure of expert witnesses pursuant to Federal Rule of Civil Procedure
26(a)(2) shall take place no later than July 7, 2014. Disclosures shall be
deemed complete on the date that they are deposited in the mail for regular
(first-class) mail delivery, except that any disclosure filed by a person
confined in a prison or other secure facility shall be deemed complete on the
date it is given over to prison or other security officials for mailing.

4.

All discovery requests shall be served by the parties pursuant to Federal
Rule of Civil Procedure 5 and Local Rule 135, and shall only be filed when
required by Local Rules 250.2, 250.3, and 250.4. Responses to written
discovery requests shall be due 45 days after the request is first served. To
ensure that the responding party has sufficient time to respond, all discovery
requests must be served at least 45 days before the discovery deadline.

5.

The parties shall follow the procedures set out in Federal Rule of Civil

SCHEDULING ORDER - 3

Procedure 30, which governs the taking of depositions. Defendant may
depose Plaintiff or any other witness confined in a prison or other secure
facility upon the condition that, at least 14 days before such a deposition,
Defendants shall serve all parties with the notice required by Federal Rule
of Civil Procedure 30(b)(1). If Plaintiff wishes to take depositions, Plaintiff
must file a motion requesting permission to do so, specifically showing the
ability to comply with the applicable Federal Rules of Civil Procedure by
providing the names of the proposed persons to be deposed, the name and
address of the court reporter who will take the deposition, the estimated cost
for the court reporter’s time and the recording, and the source of funds for
payment of the cost.
6.

Unless otherwise ordered, Local Rule 251 shall not apply, and the
requirement set forth in Federal Rules of Civil Procedure 26 and 37—that a
party seeking relief from the Court certify that he or she has in good faith
conferred or attempted to confer with the other person or party in an effort
to resolve the dispute prior to seeking court action—shall not apply.

7.

Dispositive motions shall be filed and served no later than December 2,
2014.

SCHEDULING ORDER - 4

DATED: October 16, 2013

Honorable B. Lynn Winmill
Chief U. S. District Judge

SCHEDULING ORDER - 5