Ricks v. Levine, et al.

Filing 36

SCHEDULING AND PLANNING ORDER, signed by District Judge Ralph R. Beistline on 11/16/2016. (Amend Pleadings/Rule 26(a)(1) Disclosures/PreliminaryWitness List/Preliminary Motions Deadline: 12/23/2016, Discovery due by 5/22/2017, Dispositive Motions filed by 7/7/2017, Discovery Motions/Final Witness List/Preliminary Statement ofIssues due: 6/5/2017) (Martin-Gill, S)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SCOTT K. RICKS,
Case No. 1:15-cv-01150-RRB
Plaintiff,
SCHEDULING and PLANNING ORDER
vs.
G. LEVINE and M. FORSTER,
Defendants.

Defendants have filed answers to the Complaint joining the issues. Based upon
information available to the Court, it now enters this order for pre-trial development, setting
the relevant dates for discovery, dispositive motions, and other important dates to provide
for the orderly and prompt disposition of this case.1
I.

PARTIES and PLEADINGS
No addition or deletion of parties is necessary at this time.
No amendment to the pleadings is necessary at this time.
Motions to add other parties and/or to amend pleadings subsequent to the date of

this order must be served and filed on or before December 19, 2016. Thereafter, parties
may be added and/or pleadings amended only upon leave of court and for good cause
shown.

1

Fed. R. Civ. P. 16(b).

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II.

DISCOVERY
Discovery must be conducted in accordance with Rules 26 through 37, Federal

Rules of Civil Procedure, and Rules 250.1 – 250.4 of the Local Rules of Practice for the
United States District Court, Eastern District of California, as modified or supplemented as
follows:
(1) Each party must contemporaneously prepare and maintain a written record of
all disclosures and supplementation of disclosures or responses made to requests for
discovery under Rule 26(a) and (e), Federal Rules of Civil Procedure. Unless required in
support of a motion or by order of the court, disclosures and supplemental disclosures
need not be filed with the court.
(2) Disclosures required by Rule 26(a)(1) will be made not later that December 19,
2016.
(3) Preliminary disclosure of potential witnesses (a preliminary witness list) is
required as a part of the Rule 26(a)(1) disclosure.
(4) All discovery must be scheduled to be completed by May 22, 2017. This date
will be treated as final, and extensions in the discovery schedule will not be granted unless
good cause is shown.
(5) In accordance with Federal Rule of Civil Procedure 30(a), defendants may
depose plaintiff and any other witness confined in a prison upon condition that, at least
fourteen (14) days before such a deposition, defendants serve all parties with the notice
required by Federal Rule of Civil Procedure 30(b)(1).

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(6) The parties are directed to separately prepare and file a preliminary statement
of issues by June 5, 2017.
(7) On or before June 5, 2017, each party must serve and file a final, revised
witness list, which must include expert as well as lay witnesses. Only those witnesses so
disclosed will be permitted to testify at trial.
(8) The disclosures required by Rule 26(a)(3), Federal Rules of Civil Procedure, to
the extent not covered by this order, will be addressed by the court in an Order for Pre-Trial
Proceedings & Final Pre-Trial Conference that the Court will issue concurrent with setting
this case for trial.
(9) The deadline for completion of discovery is applicable to all depositions,
including what some lawyers call "perpetuation" depositions. A deposition may be taken
after the close of discovery only by leave of court obtained upon a showing of good cause
why the deposition was not taken prior to the close of discovery.
(10) If disputes arise about the parties' obligations to respond to requests for
discovery, the parties must comply with all pertinent rules including Federal Rules of Civil
Procedure 5, 7, 11, 26, and 37, and Rules 110, 130, 131, 133, 135, 142, 144, and 230(1)
of the Local Rules of Practice for the United States District Court, Eastern District of
California. Unless otherwise ordered, Local Rule 251 does not apply, and the requirement
set forth in Federal Rules of Civil Procedure 26 and 37 that a party seeking relief from the
court certify that he or she has in good faith conferred or attempted to confer with the other
party or person in an effort to resolve the dispute prior to seeking court action does not
apply. Voluntary compliance with this provision of Rules 26 and 37 is encouraged,

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however. A discovery motion that does not comply with all applicable rules will be stricken
and may result in imposition of sanctions.
III. MOTIONS
Preliminary motion practice dealing with failure to exhaust administrative remedies,
jurisdiction and venue must be filed by December 23, 2016. Other preliminary motions,
especially those raising legal issues that have the potential for reducing necessary
discovery, must be served and filed at the earliest time possible commensurate with the
development of discovery, if any, necessary to support such motions.
All motions under the discovery rules must be filed not later than June 5, 2017.
Dispositive motions and motions in limine must be filed on or before July 7, 2017.
A request for an extension of a deadline set in this order must be filed on or
before the expiration of the deadline in question. Extensions of time will only be
granted for good cause shown.
IV.

FURTHER PRE-TRIAL PROCEEDINGS
Status, discovery, settlement, or other pre-trial conferences will be scheduled at the

request of a party or at the discretion of the Court.
V.

TRIAL
When the time allowed for discovery and motion practice has passed, and all

pending dispositive motions have been ruled upon, the Court will call upon the parties to
certify the case ready for trial and to provide an estimate of how long trial is expected to
last.

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VI.

SUMMARY OF FILING DEADLINES
December 23, 2016 — Amend Pleadings/Rule 26(a)(1) Disclosures/Preliminary

Witness List/Preliminary Motions.
May 22, 2017 — Completion of Discovery.
June 5, 2017 — Discovery Motions/Final Witness List/Preliminary Statement of
Issues.
July 7, 2017 — Dispositive Motions/Motions in limine.
IT IS SO ORDERED this 16th day of November, 2016.
S/ RALPH R. BEISTLINE
UNITED STATES DISTRICT JUDGE

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