Ricks v. Onyeje et al

Filing 38

ORDER GRANTING Defendants' Request for Modified Scheduling Order; AMENDED DISCOVERY and SCHEDULING ORDER signed by Magistrate Judge Barbara A. McAuliffe on 4/20/2017. Exhaustion Motion Deadline: 7/17/2017; Deadline to Amend Pleadings: 10/16/2017; Discovery Deadline: 12/18/2017; Dispositive Motions Deadline: 2/28/2018.(Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SCOTT K. RICKS,

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Plaintiff,
v.
O. ONYEJE, et al.,
Defendants.

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1:15-cv-01148-AWI-BAM (PC)
ORDER GRANTING DEFENDANTS’
REQUEST FOR MODIFIED SCHEDULING
ORDER
[ECF No. 36]
AMENDED DISCOVERY AND
SCHEDULING ORDER
Exhaustion Motion Deadline: July 17, 2017
Deadline to Amend Pleadings: October 16,
2017
Discovery Deadline: December 18, 2017
Dispositive Motion Deadline: February 28,
2018

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Plaintiff Scott K. Ricks (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is related to Ricks v.

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Levine, et al., 1:15-cv-1150-AWI-BAM, and Ricks v. Austria, et al., 1:15-cv-1147-AWI-BAM.

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The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. §

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636(b)(1)(B) and Local Rule 302.

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Currently before the Court is Defendants request for a modified scheduling order and

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declaration in support, filed April 19, 2017. (ECF No. 36.) Defense counsel declares that

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Defendants’ answer was returned from the prison because Plaintiff was “out to medical.” The

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Court’s March 3, 2017 discovery and scheduling order was also returned as undeliverable by the
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United States Post Office. Defense counsel further declares that Plaintiff has been returned to the

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institution that is his address of record, Salinas Valley State Prison, as of at least April 18, 2017,

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and has been re-served with Defendants answer and a notice of a subpoena to the California

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Department of Corrections and Rehabilitation for plaintiff’s medical and inmate appeal records.

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Defendants request that the deadlines in the Court’s March 3, 2017 discovery and

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scheduling order all be extended by 45 days to account for the time Plaintiff was out to medical

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and was not served with the above-described filings and orders. The Court finds good cause to

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extend the deadlines as requested, and grants the request.

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Accordingly, pursuant to Federal Rules of Civil Procedure 1, 16, and 26−36, discovery in
this matter 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), Defendants may depose

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Plaintiff and any other witness confined in a prison upon condition that, at least fourteen (14)

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days before such a deposition, Defendants serve all parties with the notice required by Federal
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Rule of Civil Procedure 30(b)(1). Pursuant to Federal Rule of Civil Procedure 30(b)(4), the

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parties may take any deposition under this section by video conference without a further motion

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or order of the Court. Nothing herein forecloses a party from bringing a motion for protective

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order pursuant to 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, 11 26, and 37 of the Federal Rules of Civil Procedure and Rules 110, 130, 131,

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133, 135, 142, 144, and 230(l) of the Local Rules of Practice for the United States District Court,

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Eastern District of California. A discovery motion that does not comply with applicable rules

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will be stricken and may result in imposition of sanctions. However, unless otherwise ordered,

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Local Rule 251 shall not apply, and the requirement set forth in Federal Rules of Civil Procedure

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26 and 37 of a good faith conference or attempt to confer with the other party to resolve the

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dispute shall not apply. Voluntary compliance with this provision of Rules 26 and 37 is

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encouraged, and if the Court deems it appropriate in any given case, it will reimpose the good

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faith meet and confer requirement. A moving party should not seek to compel production of

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documents which are equally available to that moving party, such as documents in plaintiff's

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central file.

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Amendment to Pleadings:

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5. The deadline for amending the pleadings is October 16, 2017.

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Filing Deadlines:

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6. The deadline for filing motions for summary judgment under Federal Rule of Civil

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Procedure 56 for failure to exhaust administrative remedies is July 17, 2017.
7. The deadline for the completion of all discovery, including filing all motions to

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compel discovery, is December 18, 2018. Absent good cause, discovery motions will not be

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considered if filed after the discovery deadline. Therefore, discovery requests and deposition

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notices must be served sufficiently in advance of the discovery deadline to permit time for a

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response and time to prepare and file a motion to compel

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8. The deadline for filing all dispositive motions (other than a motion for summary
judgment for failure to exhaust) is February 26, 2018.
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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 20, 2017

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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