Sansone v. Thomas
Filing
67
SCHEDULING ORDER, signed by Magistrate Judge Erica P. Grosjean on 10/13/2016. (Dispositive Motions filed by 4/24/2017, Albino Hearing set for 11/17/2016 at 10:00 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean, Jury Trial set for 4/3/2018 at 08:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd, Discovery Status Conference set for 1/25/2017 at 02:00 PM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean, Telephonic Trial Confirmation Hearing set for 2/5/2018 at 01:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd) (Martin-Gill, S)
1
2
3
IN THE UNITED STATES DISTRICT COURT
4
EASTERN DISTRICT OF CALIFORNIA
5
6
RICHARD M. SANSONE,
7
Plaintiff
Discovery
Status Conference:
8
9
CASE NO. 1:13-cv-01942-DAD-EPG (PC)
v.
Albino Hearing:
10
11
12
13
J.C.THOMAS, ET AL.,
Defendants.
Deadline to Amend
Pleadings:
January 25, 2017
Time: 2:00 p.m.
Courtroom 10 (EPG)
November 17, 2016
Time: 10:00 a.m.
Courtroom 10 (EPG)
December 14, 2016
14
Non-expert discovery
deadline:
February 14, 2017
15
Expert Disclosures:
August 23, 2017
16
Rebuttal Expert:
September 20, 2017
17
Expert Cutoff:
October 25, 2017
18
Dispositive Motion
Filing Deadline:
April 24, 2017
19
21
Telephonic Trial
Confirmation Hearing: February 5, 2018
Time: 1:30 p.m.
Courtroom 5 (DAD)
22
Jury Trial:
20
23
24
25
26
27
April 3, 2018
Time: 8:30 a.m.
Courtroom 5 (DAD)
This Court conducted a scheduling conference on October 12, 2016. Plaintiff Richard M.
Sansone telephonically appeared on his own behalf. Counsel Monica N. Anderson telephonically
appeared on behalf of the Defendants. Pursuant to Fed. R. Civ. P. 16(b), this Court now sets a
schedule for this action.
28
1
1
I.
DISCOVERY PROCEDURES
2
The parties were previously instructed in the Court’s discovery procedures in the Court’s
3
June 14, 2016 order. (ECF No. 42.) Pursuant to Federal Rules of Civil Procedure 1, 16, and 26-
4
36, and as discussed on the record, the Court issues the following additional discovery orders:
5
6
7
8
9
1. Defendants have withheld documents on the basis of the official information privilege.
Defendants shall submit any such documents to the Court for in camera review no
later than November 11, 2016. If any additional documents are withheld on the basis
of official information privilege, Defendants shall submit those documents for in
camera review no more than 2 weeks after the privilege objection is served on
Plaintiff.
10
11
12
13
14
2. Pursuant to Defendants’ request, November 25, 2016 shall be the final date for either
party to serve any discovery request.
3. With the Court’s permission, Plaintiff may serve third party subpoenas, including on
the California Department of Corrections and Rehabilitation if Plaintiff seeks
documents from them. To issue a subpoena on these entities, or any other third parties,
15
Plaintiff must file a request for the issuance of a subpoena duces tecum with the Court.
16
If the Court approves the request, it may issue Plaintiff a subpoena duces tecum,
17
commanding the production of documents from a non-party, and may command
18
service of the subpoena by the United States Marshal Service. Fed. R. Civ. P. 45; 28
19
U.S.C. 1915(d). However, the Court will consider granting such a request only if the
20
documents sought from the non-party are not equally available to Plaintiff and are not
21
obtainable from Defendant(s) through a request for production of documents. Fed. R.
22
Civ. P. 34. In any request for a subpoena, Plaintiff must: (1) identify with specificity
23
the documents sought and from whom, and (2) make a showing in the request that the
24
records are only obtainable through that third party. The documents requested must
25
26
27
28
also fall within the scope of discovery allowed in this action. See Fed. R. Civ. P.
26(b)(1).
4. Within thirty (30) days from the date of this Order, Defendant(s) shall disclose to the
Plaintiff the identity of the John Doe defendants or, if the Defendant(s) are unable to
2
1
make a specific identification, any document or information which would assist in the
2
identification of the John Does. Defendant(s) are not required to produce photographs
3
of CDCR employees or inmates. Plaintiff shall have until December 14, 2016 to: (a)
4
move to amend the complaint to add or substitute specific defendants for the John
5
Does; (b) identify additional steps that can be taken to identify the John Does who
remain unidentified; or (c) move to amend the complaint to include any additional
6
claims or parties. Failure to comply with this requirement will result in the dismissal
7
of the John Does, and will bar further amendment of the complaint, unless good cause
8
for the amendment can be shown.
9
5. A discovery conference has been set for January 25, 2017 at 2:00 p.m. Two weeks
10
before the discovery conference, the parties may file a motion to compel further
11
discovery responses. One week before the discovery conference, the responding party
12
may file a response to the motion to compel. The motion should include a copy of the
13
request(s) and any response to the request(s) at issue. Unless there is a need for
14
discovery prior to the conference, no motions to compel shall be filed earlier than the
15
dates set forth above. Motions to compel will not be permitted after the discovery
16
conference absent good cause. The parties should be prepared to address all discovery
17
disputes at the discovery conference.
18
II.
EXHAUSTION MOTIONS
19
Defendants have filed a motion for summary judgment under Fed. R. Civ. P. 56 for failure
20
to exhaust administrative remedies. (ECF No. 43.) Given the disputes of fact regarding the issue
21
of exhaustion of administrative remedies, which were discussed on the record, the Court will
22
conduct an Albino evidentiary hearing. See Albino v. Baca, 747 F.3d 1162, 1170 (9th Cir. 2014),
23
cert. denied sub nom. Scott v. Albino, 135 S.Ct. 403 (2014). Following the hearing, the Court
24
will issue findings and recommendations on the issue of exhaustion. The Albino evidentiary
25
26
27
28
hearing is set for November 17, 2016 at 10:00 a.m. in Courtroom 10.
III.
DISCOVERY DEADLINE
The deadline for the completion of all discovery is February 14, 2017. All discovery
must be provided by this date, including discovery compelled following the discovery conference.
3
1
IV.
DISPOSITIVE MOTIONS DEADLINE
The deadline for filing all dispositive motions pursuant to Fed. R. Civ. P. 56 is April 24,
2
3
2017.
4
V.
SETTLEMENT CONFERENCE
5
Based on the pending motion for summary judgment and the lack of a settlement demand
6
from Plaintiff, the parties have not agreed that a settlement conference is appropriate at this time.
7
8
9
10
Plaintiff is encouraged to submit a demand for settlement to Defendants and the parties are
encouraged to contact the Court for any assistance in scheduling a settlement conference. Note
that a settlement conference will be required before trial.
VI.
MAGISTRATE JUDGE JURISDICTION
The parties have declined the jurisdiction of a Magistrate Judge pursuant to 28 U.S.C. §
11
636(c). (ECF No. 17.)
12
VII.
13
14
15
TELEPHONIC TRIAL CONFIRMATION HEARING
The Telephonic Trial Confirmation Hearing is set for February 5, 2018 at 1:30 p.m., in
Courtroom 5, before District Judge Dale A. Drozd.
VIII. COURT TRIAL DATE
16
A trial is set for April 3, 2018 at 8:30 a.m., in Courtroom 5, before District Judge Dale A.
17
Drozd.
18
IX.
EFFECT OF THIS ORDER
19
This order represents the Court and the parties’ best estimated schedule to complete this
20
case. Any party unable to comply with the dates outlined in this order shall immediately file an
21
appropriate motion or stipulation identifying the requested modification(s).
22
The dates set in this Order are considered to be firm and will not be modified absent a
23
showing of good cause, even if a stipulation to modify is filed. Due to the impacted nature of the
24
civil case docket, this Court disfavors requests to modify established dates.
25
\\\
26
\\\
27
\\\
28
\\\
4
1
Failure to comply with this order shall result in the imposition of sanctions.
2
3
4
IT IS SO ORDERED.
Dated:
October 13, 2016
/s/
UNITED STATES MAGISTRATE JUDGE
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?