Goff v. Gamez et al

Filing 76

ORDER GRANTING IN PART AND DENYING IN PART 50 Motion to Compel ; ORDER FOLLOWING CONFERENCE, signed by Magistrate Judge Erica P. Grosjean on 5/20/19. (Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 THOMAS L. GOFF, 12 Case No. 1:15-cv-00937-AWI-EPG (PC) Plaintiff, 13 v. 14 ORDER FOLLOWING CONFERENCE GAMEZ, et al., 15 (ECF NO. 50) Defendants. 16 17 Thomas Goff (“Plaintiff”) is a former state prisoner proceeding pro se and in forma 18 pauperis with this civil rights action filed pursuant to 42 U.S.C. § 1983. On May 20, 2019, the 19 Court held a hearing that was set for an Initial Scheduling Conference (“Scheduling 20 Conference”). Plaintiff telephonically appeared on his own behalf. Counsel David Goodwin 21 and Jon Allin telephonically appeared on behalf of defendant Gamez. 22 Based on input from the parties, that Court continued the Scheduling Conference and 23 ordered the parties to participate in a settlement conference. The Court also ordered exchange 24 of certain documents to facilitate that settlement conference. 25 26 For the reasons stated on the record at the conference, IT IS ORDERED that: 1. Defendant Gamez’s motion to compel (ECF No. 50) is granted in that Plaintiff is 27 28 1 1 required to provide initial disclosures to defendant Gamez.1 Defendant Gamez’s 2 request for sanctions is denied. 3 2. The parties shall meet and confer to pick potential dates for a settlement 4 conference. Once the parties have picked potential dates, defense counsel shall 5 contact Alternate Dispute Resolution Coordinator Sujean Park 6 (spark@caed.uscourts.gov) to schedule the settlement conference. The 7 settlement conference shall occur no later than September 20, 2019. 8 3. Except for the discovery ordered below, discovery remains closed. If the case 9 does not settle at the settlement conference, the Court will reset the Scheduling 10 Conference. 11 4. No later than July 31, 2019, defendant Gamez shall send Plaintiff a copy of 12 Plaintiff’s medical and mental health records from December 1, 2014, through 13 September 30, 2018, that are held by the California Department of Corrections 14 and Rehabilitation. 15 5. No later than July 31, 2019, defendant Gamez shall send Plaintiff a copy of the 16 video recording of the statement Plaintiff made after the incident alleged in the 17 complaint, as well as a copy of all documents containing statements made 18 directly by Plaintiff regarding the incident. 19 6. No later than July 31, 2019, Plaintiff shall attempt to obtain, and to the extent 20 successful, provide to defendant Gamez, a copy of the relevant medical and 21 mental health records from providers other than the California Department of 22 Corrections and Rehabilitation to the extent they reflect treatment related to the 23 incident at issue in this case. 24 7. No later than July 31, 2019, Plaintiff shall send defendant Gamez a copy of all 25 medical opinions that were provided in support of his Social Security disability 26 claim, as well as all opinions and/or findings regarding the result of his Social 27 28 1 It appears that Plaintiff has now served defendant Gamez with his initial disclosures. 2 Security disability claim.2 1 2 3 4 IT IS SO ORDERED. Dated: May 20, 2019 /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 The parties shall meet and confer regarding the delivery method for the abovedescribed documents. 2 28 3

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