Ahdom v. Lopez et al

Filing 219

ORDER Setting Telephonic Status Conference signed by Magistrate Judge Barbara A. McAuliffe on 12/14/2017. Status Conference set for 2/8/2018 at 11:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe.(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BILAL AHDOM,

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Case No. 1:09-cv-01874-AWI-BAM (PC)
Plaintiff,

ORDER SETTING TELEPHONIC STATUS
CONFERENCE

v.
Date: Thursday, February 8, 2018
Time: 11:00 a.m.

LOPEZ, et al.,
Defendants.

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Plaintiff Bilal Ahdom (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on

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Plaintiff’s claims against Defendants Schaefer, Araich, Chen, Shittu, and Ashby for deliberate

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indifference to serious medical needs in violation of the Eighth Amendment.

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On August 17, 2017, the Court issued three orders resolving various pending discovery

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motions. (ECF Nos. 199, 200, 201.) Within thirty (30) days from service of those orders,

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Plaintiff was ordered to: (1) serve amended answers to Defendant Shittu’s Requests for

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Admissions, Set One, Numbers 1–9 and 12–18; (2) serve responses, without objections, to

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Defendant Shittu’s Request for Admissions, Set Two, and Interrogatories, Set Two; (3) serve

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supplemental responses to Defendants Chen, Araich, and Schaefer’s Interrogatories Nos. 3–12;

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(4) serve supplemental responses to Defendant Shittu’s Interrogatories Nos. 1–9, and 12–18; and

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(5) serve supplemental responses to Defendants’ Request for Production of Documents 3–10 and
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13–21. (Id.)
On August 22, 2017, the Court issued an order requiring Plaintiff, within thirty (30) days

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from service of that order, to serve Defendant Ashby with supplemental responses to

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Interrogatories 1, 2, 5–8, and 10–15, without objections, and supplemental responses to Requests

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for Production of Documents 1–7 and 9. (ECF No. 202.)

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Following two extensions of time, Plaintiff’s responses to Defendant Ashby were due on

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or before November 27, 2017. (ECF No. 211.) Following three extensions of time, Plaintiff’s

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responses to Defendants Shittu, Chen, and Araich are currently due on or before January 8, 2018.

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(ECF No. 218.)

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In response to the Court’s order requiring the parties to notify the Court whether a

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settlement conference would be beneficial, all parties expressed an interest in settlement

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discussions. (ECF Nos. 213–216.) However, Defendants sought full discovery responses from

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Plaintiff prior to any settlement conference. In light of Plaintiff’s outstanding responses, the

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Court found it appropriate to hold a telephonic status conference on December 14, 2017. (ECF

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No. 218.)

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At the telephonic status conference, the Court heard from the parties regarding the status

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of Plaintiff’s discovery responses. Counsel for Defendant Ashby indicated that partial responses

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had been received, and Plaintiff represented that the remaining responses would be mailed to

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counsel shortly. With respect to the discovery responses outstanding for Defendants Schaefer,

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Shittu, Araich, and Chen, Plaintiff indicated that he did not anticipate requiring any future

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extensions of time beyond the current January 8, 2018 deadline. As discussed on the record, the

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Court cautions Plaintiff that no further extensions of time to respond to Defendants’ discovery

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requests will be granted.

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The Court finds it appropriate to set a further telephonic status conference for February 8,

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2018, at 11:00 a.m. Defendants shall be prepared to discuss whether Plaintiff’s discovery

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responses were received, reviewed, and whether they are adequate. In addition, the parties shall

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address whether they still believe, in good faith, that settlement in this case is a possibility and

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whether they are interested in having a settlement conference scheduled by the Court.
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Based on the foregoing, the Court HEREBY ORDERS as follows:
1. Plaintiff’s discovery responses to Defendants Shittu, Schaefer, Chen, and Araich remain
due on or before January 8, 2018; and

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2. This matter is set for a telephonic status conference on Thursday, February 8, 2018, at

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11:00 a.m. before the undersigned. The parties shall appear telephonically by using the

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following dial-in number and passcode at the time set for the hearing: dial-in number 1-

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877-411-9748; passcode 3190866. Counsel for Defendants is required to arrange for

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Plaintiff’s participation by contacting the litigation coordinator at the institution where

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Plaintiff is housed.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

December 14, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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