Misko v. Sullivan et al

Filing 64

AMENDED DISCOVERY and SCHEDULING ORDER, signed by Magistrate Judge Barbara A. McAuliffe on 5/19/2014. Discovery Deadline: 11/18/2014; Dispositive Motion Deadline: 2/18/2015. (Marrujo, C)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 JOHN T. MISKO, Plaintiff, 12 13 14 vs. WILLIAM SULLIVAN, et al., 15 Defendants. ) ) ) ) ) ) ) ) ) ) ) 1:10-cv-00713-LJO-BAM PC AMENDED DISCOVERY AND SCHEDULING ORDER Exhaustion Motion Filing Deadline: August 18, 2014 Discovery Deadline: November 18, 2014 Dispositive Motion Deadline: February 18, 2015 16 17 Plaintiff John T. Misko (“Plaintiff”) is a prisoner in the custody of the California 18 Department of Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se in this 19 civil rights action pursuant to 42 U.S.C. § 1983. Following summary judgment in favor of 20 Defendants Priest and Tate, this action currently proceeds against Defendants Cleinlin and 21 Williams for deliberate indifference in violation of the Eighth Amendment. On April 21, 2014, Defendant Williams answered the amended complaint.1 However, the 22 23 Discovery and Scheduling Order in this action has expired, including the discovery and 24 dispositive motion deadlines. As Defendant Williams was part of the same series of events 25 previously at issue in this action, the Court directed the parties to file a status report addressing 26 what, if any, additional discovery is necessary for the claim against Defendant Williams. (ECF 27 No. 60.) 28 1 On May 15, 2014, the undersigned issued Findings and Recommendations that Defendant Cleinlin be dismissed from this action for failure to effectuate service. (ECF No. 62.) 1 1 On May 14, 2014, Defendant Williams filed a status report and requested an opportunity 2 to propound written discovery on Plaintiff. Defendant Williams also indicated that it may be 3 necessary to depose Plaintiff in order to prepare a motion for summary judgment. Defendant 4 Williams therefore requests sufficient time to propound written discovery and, if necessary, 5 depose Plaintiff. (ECF No. 61.) 6 7 8 9 10 11 On May 15, 2014, Plaintiff filed a status report, but was unable to provide information regarding discovery status. (ECF No. 63.) Having considered the parties’ reports, the Court finds it appropriate to issue an Amended Discovery and Scheduling Order, which is limited to the claim against Defendant Williams. Pursuant to Federal Rules of Civil Procedure 1, 16, and 26−36, discovery on the claim against Defendant Williams shall proceed as follows: 12 Discovery Procedures: 13 1. Discovery requests shall be served by the parties pursuant to Federal Rule of Civil 14 Procedure 5 and Local Rule 135. Discovery requests and responses shall not be filed with the 15 Court unless required by Local Rules 250.2, 250.3 and 250.4. 16 2. Responses to written discovery requests shall be due forty−five (45) days after the 17 request is first served. Boilerplate objections are disfavored and may be summarily overruled by 18 the Court. Responses to document requests shall include all documents within a party's 19 possession, custody or control. Fed. R. Civ. P.34(a)(1). Documents are deemed within a party's 20 possession, custody or control if the party has actual possession, custody or control thereof, or 21 the legal right to obtain the property on demand. Amendments to discovery responses served 22 after the filing of and in response to a motion to compel are strongly disfavored, absent good 23 faith. The parties are required to act in good faith during the course of discovery and the failure 24 to do so may result in the payment of expenses pursuant to Federal Rule of Civil Procedure 25 37(a)(5) or other appropriate sanctions authorized by the Federal Rules of Civil Procedure or the 26 Local Rules. 27 28 3. Pursuant to Federal Rule of Civil Procedure 30(a)(2)(B), Defendant may depose Plaintiff and any other witness confined in a prison upon condition that, at least fourteen (14) 2 1 days before such a deposition, Defendant serves all parties with the notice required by Federal 2 Rule of Civil Procedure 30(b)(1). 3 4. If discovery disputes arise, the parties shall comply with all pertinent rules including 4 Rules 5, 7, 11, 26, and 37 of the Federal Rules of Civil Procedure and Rules 110, 130, 131, 133, 5 135, 142, 144, and 230(l) of the Local Rules of Practice for the United States District Court, 6 Eastern District of California. A discovery motion that does not comply with applicable rules 7 will be stricken and may result in imposition of sanctions. However, unless otherwise ordered, 8 Local Rule 251 shall not apply, and the requirement set forth in Federal Rules of Civil Procedure 9 26 and 37 of a good faith conference or attempt to confer with the other party to resolve the 10 dispute shall not apply. Voluntary compliance with this provision of Rules 26 and 37 is 11 encouraged, and if the Court deems it appropriate in any given case, it will reimpose the good 12 faith meet and confer requirement. 13 Filing Deadlines: 14 6. The deadline for filing motions for summary judgment under Fed. R. Civ. P. 56 for 15 16 failure to exhaust administrative remedies is August 18, 2014. 7. The deadline for the completion of all discovery, including filing all motions to 17 compel discovery, is November 18, 2014. Absent good cause, discovery motions will not be 18 considered if filed after the discovery deadline. Therefore, discovery requests and deposition 19 notices must be served sufficiently in advance of the discovery deadline to permit time for a 20 response and time to prepare and file a motion to compel. 21 22 23 24 8. The deadline for filing all dispositive motions (other than a motion for summary judgment for failure to exhaust) is February 18, 2015. 9. 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 will only be granted on a showing of good cause. 25 26 27 28 IT IS SO ORDERED. Dated: /s/ Barbara May 19, 2014 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 3

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