Solis v. County of Stanislaus et al
Filing
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DISCOVERY and SCHEDULING ORDER, signed by Magistrate Judge Barbara A. McAuliffe on 4/22/16. Deadline to Amend Pleadings: August 22, 2016, Discovery Deadline: December 22, 2016, Dispositive Motion Deadline: February 22, 2017. (Verduzco, M)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JAVIER SOLIS,
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Plaintiff,
v.
QUIROZ, et al.,
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Defendants.
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Case No. 1:14-cv-00937-DAD-BAM
DISCOVERY AND
SCHEDULING ORDER
Deadline to Amend Pleadings: August 22, 2016
Discovery Deadline: December 22, 2016
Dispositive Motion Deadline: February 22, 2017
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Pursuant to Federal Rules of Civil Procedure 1, 16, and 26−36, discovery shall proceed as
follows:
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Discovery Procedures:
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1. Discovery requests shall be served by the parties pursuant to Federal Rule of Civil
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Procedure 5 and Local Rule 135. Discovery requests and responses shall not be filed with the
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Court unless required by Local Rules 250.2, 250.3 and 250.4.
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2. Responses to written discovery requests shall be due forty−five (45) days after the
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request is first served. Boilerplate objections are disfavored and may be summarily overruled by
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the Court. Responses to document requests shall include all documents within a party's
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possession, custody or control. See Fed. R. Civ. P.34(a)(1). Documents are deemed within a
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party's possession, custody or control if the party has actual possession, custody or control
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thereof, or the legal right to obtain the property on demand. Amendments to discovery responses
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served after the filing of and in response to a motion to compel are strongly disfavored, absent
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good faith. The parties are required to act in good faith during the course of discovery and the
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failure to do so may result in the payment of expenses pursuant to Federal Rule of Civil
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Procedure 37(a)(5) or other appropriate sanctions authorized by the Federal Rules of Civil
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Procedure or the Local Rules.
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3. Pursuant to Federal Rule of Civil Procedure 30(a)(2)(B), Defendant may depose any
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witness confined in a prison upon condition that, at least fourteen (14) days before such a
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deposition, Defendant serves all parties with the notice required by Federal Rule of Civil
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Procedure 30(b)(1). Pursuant to Federal Rule of Civil Procedure 30(b)(4), the parties may take
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any deposition under this section by video conference without a further motion or order of the
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Court. Nothing herein forecloses a party from bringing a motion for protective order pursuant to
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Federal Rule of Civil Procedure 26(c)(1) if necessary.
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4. If discovery disputes arise, the parties shall comply with all pertinent rules including
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Rules 5, 7, 11, 26, and 37 of the Federal Rules of Civil Procedure and Rules 110, 130, 131, 133,
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135, 142, 144, and 251 of the Local Rules of Practice for the United States District Court,
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Eastern District of California. Rules of Civil Procedure 26 and 37 of a good faith conference or
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attempt to confer with the other party to resolve the dispute shall not apply. Voluntary
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compliance with this provision of Rules 26 and 37 is encouraged, and if the Court deems it
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appropriate in any given case, it will reimpose the good faith meet and confer requirement. A
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discovery motion that does not comply with applicable rules will be stricken and may result in
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imposition of sanctions. A moving party should not seek to compel production of documents
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which are equally available to that moving party, such as documents in plaintiff’s jail file.
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Amendment to Pleadings:
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5. The deadline for amending the pleadings is August 22, 2016.
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Filing Deadlines:
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6. The deadline for the completion of all discovery, including filing all motions to compel
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discovery, is December 22, 2016. Absent good cause, discovery motions will not be considered
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if filed after the discovery deadline. Therefore, discovery requests and deposition notices must be
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served sufficiently in advance of the discovery deadline to permit time for a response and time to
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prepare and file a motion to compel.
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7. The deadline for filing all dispositive motions is February 22, 2017.
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8. Once dispositive motions have been resolved, the Court will set the pretrial conference
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and trial dates.
9. A request for an extension of a deadline set in this order must be filed on or
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before the expiration of the deadline in question and will only be granted on a showing of
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good cause.
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IT IS SO ORDERED.
Dated:
/s/ Barbara
April 22, 2016
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UNITED STATES MAGISTRATE JUDGE
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A. McAuliffe
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