Calhoun v. Hartley

Filing 28

DISCOVERY and SCHEDULING ORDER, signed by Magistrate Judge Dennis L. Beck on 2/4/14: Initial Disclosures - 3/21/2014, Unenumerated Rule 12(b) Motions - 5/5/2014, Deadline to Amend Pleadings - 6/4/2014, Discovery Cut-Off - 7/3/2014, Dispositive Motions - 9/2/2014. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STANLEY CALHOUN,

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Plaintiff,

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vs.
HARTLEY,

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Defendant.

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Case No.: 1:12-cv-02007-AWI-DLB (PC)
DISCOVERY AND
SCHEDULING ORDER
Initial Disclosures: March 21, 2014
Unenumerated Rule 12(b) Motions:
May 5, 2014
Deadline to Amend Pleadings:
June 4, 2014
Discovery Cut-Off: July 3, 2014
Dispositive Motion Deadline:
September 2, 2014

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To expedite the fair disposition of this action and to discourage wasteful pretrial

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activities, the Court directs that the attorneys or parties, if appearing pro se, comply with the
following procedures:
I.

INITIAL DISCLOSURES
Notwithstanding Federal Rule of Civil Procedure 26(a)(1)(B), the parties are HEREBY

ORDERED to provide Initial Disclosures as follows:
No later than March 21, 2014:

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A. Plaintiff’s Disclosures:

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Plaintiff shall provide Defendant with the name and, if known, the location or other

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identifying information (such as inmate number, job classification or assignment) of each
individual likely to have information about the events described in his complaint or his claims of
injury or damage. In addition, Plaintiff shall describe, generally, the information each individual

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so identified is believed to possess.
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Plaintiff shall also provide copies of, or a list describing (by category and location), all

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documents or other tangible things in his possession, custody or control1 which he may use to
support the allegation(s) in his complaint, or his claims or injury of damage.

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B. Defendant(s) Initial Disclosures:

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Defendant(s) shall provide Plaintiff with the name and, if known, the location or other

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identifying information (such as inmate number, job classification or institutional assignment) of

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each individual likely to have information about Defendant(s)’ claims or defenses, or who will

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be used to support Defendant(s)’ version of the events described in the complaint. In addition,

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Defendant(s) shall describe, generally, the information each individual so identified is believed

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to possess.

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Defendant(s) shall provide to Plaintiff copies of all documents and other materials in the
care, custody, or control of any Defendant(s) or the California Department of Corrections and
Rehabilitation (“CDCR”) related to the claims and defenses in the case.

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Such documents and materials shall include, but are not limited to, (a) documents and

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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

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Property is deemed 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 on demand. Allen v. Woodford, 2007 WL 309945, *2 (E.D.
Cal. 2007).Error! Main Document Only.

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shall file with the Court either a copy of any cover letter (without attachments) or a statement

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that the disclosures required herein have been completed.

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Pursuant to Federal Rule of Civil Procedure 26(e), the parties must supplement or correct
the disclosures in a timely manner, and failure to do so may result in the inability to present such
evidence in support of a motion, or at trial. Fed. R. Civ. P. 37(c).

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II.

DEPOSITIONS

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Defendant(s) are granted leave to take the deposition of Plaintiff, or any other

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incarcerated witness, pursuant to Federal Rule of Civil Procedure 30(a)(2)(B). Defense counsel
shall provide Plaintiff with notice of the date of the deposition by mailing such notice to Plaintiff

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at least fifteen (15) days prior to the scheduled deposition date. The deposition may not

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commence until at least ten (10) days after Defense counsel has filed their proof of compliance

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as required in subparagraph (B) above. PLAINTIFF SHALL TAKE NOTICE that disagreement

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with any directive of security staff at the correctional facility at which the deposition is

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scheduled is not a ground on which Plaintiff may refuse to answer appropriate questions, and the

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failure of Plaintiff to attend, be sworn, and answer appropriate questions may result in sanctions.

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Such sanctions may include dismissal of the action pursuant to Federal Rule of Civil Procedure
37. Objections made in good faith in accordance with governing rules are permissible.
III.

SCHEDULE AND DEADLINES

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A.

All motions to dismiss for failure to exhaust administrative remedies pursuant to

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the unenumerated portion of Federal Rule of Civil Procedure 12(b) must be filed on or before
May 5, 2014.
B.

The deadline for amending pleadings is June 4, 2014.

C.

All discovery shall be completed on or before July 3, 2014. Motions to compel

must also be filed by this date.
D.

Dispositive motions must be filed on or before September 2, 2014.

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IV.

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DISCOVERY ISSUES
A.

Written discovery must be served at least thirty (30) days prior to the close of

discovery. Responses must be served thirty (30) days after service of the discovery request.
Fed. R. Civ. P. 33(b)(2), 34(b)(2)(A). In objecting to discovery requests, Defendant(s) should
state their objections in plain language that a pro se party will likely understand.

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B.

As stated above, motions to compel must be filed on or before July 3, 2014. The

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meet and confer requirement set forth in Federal Rule of Civil Procedure 37(a)(1) and Local
Rule 251(b) is waived. Voluntary compliance is encouraged, however.
V.

EXTENSIONS OF TIME
Requests for extensions of the deadlines set forth in this Discovery and Scheduling Order

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must be filed on or before the expiration of the date in question. These deadlines are firm

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and will not be extended by the Court except upon a showing of good cause. Fed. R. Civ. P.

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16(b)(4).

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IT IS SO ORDERED.

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Dated:

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/s/ Dennis

February 4, 2014

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

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L. Beck

9b0hied

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