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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID ESTRADA, 12 13 14 15 16 17 18 Plaintiff, v. TERESA MACIS, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) 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 19 pursuant to 42 U.S.C. § 1983. The original discovery and scheduling order issued on May 4, 2016. 20 However, merits-based discovery was stayed pending resolution of Defendants’ motion for summary 21 judgment for Plaintiff’s failure to exhaust administrative remedies prior to filing suit. The motion is 22 now fully resolved, and the stay of all merits-based discovery is vacated. Because discovery was 23 stayed, there are outstanding discovery requests and motions to compel to be addressed by Defendants. 24 (See ECF Nos. 53, 56, 58, 76.) Plaintiff’s outstanding discovery requests shall be deemed served as of 25 the date of this order and shall be responded to within the forty-five (45) days. In light of the fact that 26 only certain Defendants remain in the action after resolution of the exhaustion-related motion for 27 summary judgment and have not yet filed a response to the discovery requests, Plaintiff’s pending 28 motions to compel, ECF Nos. 56, 58, 76, are DENIED as premature and may be re-filed, if necessary. 1 1 2 Accordingly, pursuant to Federal Rules of Civil Procedure 1, 16, and 26-36, discovery shall proceed as follows: 3 Discovery Procedures: 4 1. Discovery requests shall be served by the parties pursuant to Federal Rule of Civil 5 Procedure 5 and Local Rule 135. Discovery requests and responses shall not be filed with the Court 6 unless required by Local Rules 250.2, 2503 and 250.4. 7 2. Responses to written discovery requests shall be due forty-five (45) days after the 8 request is first served. Boilerplate objections are disfavored and may be summarily overruled by the 9 Court. Responses to document requests shall include all documents within a party’s possession, 10 custody or control. Fed. R. Civ. P. 34(a)(1). Documents are deemed within a party’s possession, 11 custody or control if the party has actual possession, custody or control thereof, or the legal right to 12 obtain the property on demand. Amendments to discovery responses served after the filing of and in 13 response to a motion to compel are strongly disfavored, absent good faith. The parties are required to 14 act in good faith during the course of discovery and the failure to do so may result in the payment of 15 expenses pursuant to Federal Rule of Civil Procedure 37(a)(5) or other appropriate sanctions 16 authorized by the Federal Rules of Civil Procedure or the Local Rules. 17 3. Pursuant to Federal Rule of Civil Procedure 30(a)(2)(B), Defendant may depose 18 Plaintiff and any other witness confined in a prison upon condition that, at least fourteen (14) days 19 before such a deposition, Defendant serves all parties with the notice required by Federal Rule of Civil 20 Procedure 30(b)(1). Pursuant to Federal Rule of Civil Procedure 30(b)(4), the parties may take any 21 deposition under this section by video conference without a further motion or order of the Court. 22 Nothing herein forecloses a party from bringing a motion for protective order pursuant to Federal Rule 23 of Civil Procedure 26(c)(1) if necessary. 24 4. If discovery disputes arise, the parties shall comply with all pertinent rules including 25 Rules 5, 7, 11, 26, and 37 of the Federal Rules of Civil Procedure and Rules 110, 130, 131, 133, 135, 26 142, 144, and 230(l) of the Local Rules of Practice for the United States District Court, Eastern 27 District of California. A discovery motion that does not comply with applicable rules will be stricken 28 and may result in imposition of sanctions. However, unless otherwise ordered, Local Rule 251 shall 2 1 not apply, and the requirement set forth in Federal Rules of Civil Procedure 26 and 37 of a good faith 2 conference or attempt to confer with the other party to resolve the dispute shall not apply. Voluntary 3 compliance with this provision of Rules 26 and 37 is encouraged, and if the Court deems it appropriate 4 in any given case, it will reimpose the good faith meet and confer requirement. A moving party 5 should not seek to compel production of documents which are equally available to the moving party, 6 such as documents in plaintiff’s central file. 7 Amendment to Pleadings: 8 5. 9 Filing Deadlines: 6. 10 The deadline for amending the pleadings is June 23, 2017. The deadline for the completion of all discovery, including filing all motions to compel 11 discovery, is August 25, 2017. Absent good cause, discovery motions will not be considered if filed 12 after the discovery deadline. Therefore, discovery requests and deposition notices must be served 13 sufficiently in advance of the discovery deadline to permit time for a response and time to prepare and 14 file a motion to compel. 8. 15 16 judgment for failure to exhaust) is October 27, 2017. 9. 17 18 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. 19 20 21 IT IS SO ORDERED. 22 Dated: 23 April 26, 2017 UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 3

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