Martinez v. Allison et al

Filing 20

SCHEDULING and PLANNING ORDER, signed by Chief Judge Ralph R. Beistline on 04/29/14. (Gonzalez, R)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
RONALD F. MARTINEZ,
Case No. 1:11-cv-01749-RRB
Plaintiff,
SCHEDULING and PLANNING ORDER
vs.
KATHLEEN ALLISON, Warden, et al.,
Defendant(s).

Defendant has filed an answer to the Complaint joining the issues. Based upon
information available to the Court, it now enters this order for pre-trial development, setting
the relevant dates for discovery, dispositive motions, and other important dates to provide
for the orderly and prompt disposition of this case.1
I.

PARTIES and PLEADINGS
No addition or deletion of parties is necessary at this time.
No amendment to the pleadings is necessary at this time.
Motions to add other parties and/or to amend pleadings subsequent to the date of

this order must be served and filed on or before June 2, 2014. Thereafter, parties may
be added and/or pleadings amended only upon leave of court and for good cause shown.

1

Fed. R. Civ. P. 16(b).

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II.

DISCOVERY
Discovery must be conducted in accordance with Rules 26 through 37, Federal

Rules of Civil Procedure, and Rules 250.1 – 250.4 of the Local Rules of Practice for the
United States District Court, Eastern District of California, as modified or supplemented as
follows:
(1) Federal Rule of Civil Procedure26(a)(1)(b) notwithstanding, preliminary
disclosure of potential witnesses (a preliminary witness list) and the preliminary disclosures
described below must be made not later than June 2, 2014, and supplemented as
otherwise provided in Rule 26(e).
A. Plaintiff's Disclosures:
Plaintiff must provide Defendant(s) with the names and, if known, the location of
other identifying information (such as inmate number, job classification, or assignment) of
each individual likely to have information about the events described in the Complaint or
Plaintiff's injury or damage. In addition, Plaintiff must describe in general terms the
information each individual so identified is believed to possess.
Plaintiff must also provide copies of, or a list describing (by category and location)
all documents or tangible things in his possession, custody or control2 that he may use to
support the allegations in the Complaint or the claims of injury or damage.

2

Matters are deemed to be within a party's possession, custody or control if
the party has actual possession, custody, or control thereof, or the legal right to obtain the
property upon demand or request.
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B. Defendant's(s') Disclosures:
Defendant(s) must provide Plaintiff with the name and, if known, the location or
other identifying information (such as inmate number, job classification or institutional
assignment) of each individual likely to have information about Defendant(s)’ claims or
defenses, or who will be used to support Defendant(s)’ version of the events described in
the complaint. In addition, Defendant(s) must describe, generally, the information each
individual so identified is believed to possess.
Defendant(s) must provide to Plaintiff copies of all documents and other materials
in the care, custody, or control of any Defendant related to the claims and defenses in the
case.
Such documents and materials must include, but are not limited to, (a) documents
and materials upon which Defendant(s) rely in support of their defense of the action, (b)
grievances and appeals thereof, determinations of grievances and appeals, and (c) reports
of completed investigations by CDCR or others. Simultaneous with disclosure to Plaintiff,
Defense counsel must file with the Court either a copy of any cover letter (without
attachments) or a statement that the disclosures required herein have been completed.
(2) All discovery must be scheduled to be completed by October 31, 2014. This
date will be treated as final, and extensions in the discovery schedule will not be granted
unless good cause is shown.
(3) In accordance with Federal Rule of Civil Procedure 30(a), defendants may
depose plaintiff and any other witness confined in a prison upon condition that, at least

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fourteen (14) days before such a deposition, defendants serve all parties with the notice
required by Federal Rule of Civil Procedure 30(b)(1).
(4) The parties are directed to separately prepare and file a preliminary statement
of issues by November 14, 2014.
(5) On or before November 14, 2014, each party must serve and file a final, revised
witness list, which must include expert as well as lay witnesses. Only those witnesses so
disclosed will be permitted to testify at trial.
(6) The disclosures required by Rule 26(a)(3), Federal Rules of Civil Procedure, to
the extent not covered by this order, will be addressed by the court in an Order for Pre-Trial
Proceedings & Final Pre-Trial Conference that the Court will issue concurrent with setting
this case for trial.
(7) The deadline for completion of discovery is applicable to all depositions,
including what some lawyers call "perpetuation" depositions. A deposition may be taken
after the close of discovery only by leave of court obtained upon a showing of good cause
why the deposition was not taken prior to the close of discovery.
(8) If disputes arise about the parties' obligations to respond to requests for
discovery, the parties must comply with all pertinent rules including: Federal Rules of Civil
Procedure 5, 7, 11, 26, and 37; and Rules 110, 130, 131, 133, 135, 142, and 144 of the
Local Rules of Practice for the United States District Court, Eastern District of California.
Unless otherwise ordered, Local Rule 251 does not apply, and the requirement set forth
in Federal Rules of Civil Procedure 26 and 37 that a party seeking relief from the court

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certify that he or she has in good faith conferred or attempted to confer with the other party
or person in an effort to resolve the dispute prior to seeking court action does not apply.
Voluntary compliance with the provisions of Rules 26 and 37 is encouraged, however. A
discovery motion that does not comply with all applicable rules will be stricken and may
result in imposition of sanctions.
III. MOTIONS
Preliminary motion practice dealing with such matters as jurisdiction and venue must
be filed by June 2, 2014. Other preliminary motions, especially those raising legal issues
that have the potential for reducing necessary discovery, must be served and filed at the
earliest time possible commensurate with the development of discovery, if any, necessary
to support such motions. Rule 230(l) of the Local Rules of Practice for the United States
District Court, Eastern District of California applies to all motions.
All motions under the discovery rules must be filed not later than November 14,
2014.
Dispositive motions and motions in limine must be filed on or before December 1,
2014.
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. Extensions of time will only be
granted for good cause shown.

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IV.

FURTHER PRE-TRIAL PROCEEDINGS
Status, discovery, settlement, or other pre-trial conferences will be scheduled at the

request of a party or at the discretion of the Court.
V.

TRIAL
When the time allowed for discovery and motion practice has passed, and all

pending dispositive motions have been ruled upon, the Court will call upon the parties to
certify the case ready for trial and to provide an estimate of how long trial is expected to
last.
VI.

SUMMARY OF FILING DEADLINES
June 2, 2014 — Amend Pleadings/Disclosures/Preliminary Witness List/Preliminary

Motions
October 31, 2014 — Completion of Discovery
November 14, 2014 — Discovery Motions/Final Witness List/Preliminary Statement
of Issues
December 1, 2014 — Dispositive Motions/Motions in limine
IT IS SO ORDERED this 29th day of April, 2014.
S/ RALPH R. BEISTLINE
UNITED STATES DISTRICT JUDGE

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