Estrada v. Macias et al

Filing 91

ORDER VACATING PROTECTIVE ORDER AND STAY OF MERITS-BASED DISCOVERY, DENYING PLAINTIFF'S MOTIONS TO COMPEL AS PREMATURE, AND ISSUANCE OF AMENDED SCHEDULING ORDER RE 56 , 58 , 65 , 76 signed by Magistrate Judge Stanley A. Boone on 4/26/2017. Amended Pleadings Deadline: 6/23/2017; Discovery Deadline: 8/25/2017; Dispositive Motions Deadline: 10/27/2017. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID ESTRADA,

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Plaintiff,
v.
TERESA MACIS, et al.,
Defendants.

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Case No.: 1:15-cv-01292-AWI-SAB (PC)
ORDER VACATING PROTECTIVE ORDER
AND STAY OF MERITS-BASED DISCOVERY,
DENYING PLAINTIFF’S MOTIONS TO
COMPEL AS PREMATURE, AND ISSUANCE
OF AMENDED SCHEDULING ORDER
Deadline to Amend Pleadings: June 23, 2017
Discovery Deadline: August 25, 2017
Dispositive Motion Deadline: October 27, 2017
[ECF Nos. 56, 58, 76]

Plaintiff David Estrada is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983. The original discovery and scheduling order issued on May 4, 2016.

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However, merits-based discovery was stayed pending resolution of Defendants’ motion for summary

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judgment for Plaintiff’s failure to exhaust administrative remedies prior to filing suit. The motion is

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now fully resolved, and the stay of all merits-based discovery is vacated. Because discovery was

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stayed, there are outstanding discovery requests and motions to compel to be addressed by Defendants.

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(See ECF Nos. 53, 56, 58, 76.) Plaintiff’s outstanding discovery requests shall be deemed served as of

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the date of this order and shall be responded to within the forty-five (45) days. In light of the fact that

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only certain Defendants remain in the action after resolution of the exhaustion-related motion for

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summary judgment and have not yet filed a response to the discovery requests, Plaintiff’s pending

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motions to compel, ECF Nos. 56, 58, 76, are DENIED as premature and may be re-filed, if necessary.
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Accordingly, 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 Court

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unless required by Local Rules 250.2, 2503 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 the

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Court. Responses to document requests shall include all documents within a party’s possession,

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custody or control. Fed. R. Civ. P. 34(a)(1). Documents are deemed within a party’s possession,

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custody or control if the party has actual possession, custody or control thereof, or the legal right to

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obtain the property on demand. Amendments to discovery responses served after the filing of and in

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response to a motion to compel are strongly disfavored, absent good faith. The parties are required to

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act in good faith during the course of discovery and the failure to do so may result in the payment of

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expenses pursuant to Federal Rule of Civil Procedure 37(a)(5) or other appropriate sanctions

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authorized by the Federal Rules of Civil Procedure or the Local Rules.

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3.

Pursuant to Federal Rule of Civil Procedure 30(a)(2)(B), Defendant may depose

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

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before such a 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 any

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deposition under this section by video conference without a further motion or order of the Court.

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Nothing herein forecloses a party from bringing a motion for protective order pursuant to Federal Rule

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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, 135,

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

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District of California. A discovery motion that does not comply with applicable rules will be stricken

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and may result in imposition of sanctions. However, unless otherwise ordered, Local Rule 251 shall
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not apply, and the requirement set forth in Federal Rules of Civil Procedure 26 and 37 of a good faith

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conference or 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 appropriate

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in any given case, it will reimpose the good faith meet and confer requirement. A moving party

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should not seek to compel production of documents which are equally available to the moving party,

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such as documents in plaintiff’s central file.

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Amendment to Pleadings:

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5.

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Filing Deadlines:
6.

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The deadline for amending the pleadings is June 23, 2017.

The deadline for the completion of all discovery, including filing all motions to compel

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discovery, is August 25, 2017. Absent good cause, discovery motions will not be considered if filed

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after the discovery deadline. Therefore, discovery requests and deposition notices must be served

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sufficiently in advance of the discovery deadline to permit time for a response and time to prepare and

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file a motion to compel.
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judgment for failure to exhaust) is October 27, 2017.
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The deadline for filing all dispositive motions (other than a motion for summary

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 and will only be granted on a showing of good cause.

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IT IS SO ORDERED.

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Dated:

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April 26, 2017
UNITED STATES MAGISTRATE JUDGE

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