Willis v. Kandkhorova

Filing 26

ORDER regarding Discovery Dispute Procedures signed by Magistrate Judge Michael J. Seng on 2/10/2017. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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AVERILLE WILLIS,

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Plaintiff,

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CASE No. 1:15-cv-01572-AWI-MJS (PC)
ORDER
REGARDING
DISPUTE PROCEDURES

DISCOVERY

v.

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NELLYA KANDKHOROVA,

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Defendant.

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Plaintiff is a former state prisoner proceeding in forma pauperis and with counsel

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in this civil rights action filed pursuant to 42 U.S.C. § 1983. The matter proceeds against

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Defendant Kandkhorova on Plaintiff’s Eighth Amendment claim for inadequate medical

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care.

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On June 20, 2016, the Court issued a discovery and scheduling order. (ECF No.

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17.) At that time, Plaintiff was proceeding pro se and, accordingly, the Court ordered that

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neither Local Rule 251 nor the Federal Rules of Civil Procedure 26 and 37 requirement

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of a discovery conference would apply.

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However, given the recent appointment of counsel for Plaintiff, all discovery
disputes in this matter henceforth will be governed by the following procedures:
No written discovery motion may be noticed or set for hearing before
Magistrate Judge Michael J. Seng without his prior approval.
A party with a discovery dispute shall confer with opposing counsel in a good faith
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effort to resolve the dispute without court action. If such effort fails, the moving party

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shall, prior to filing a notice of motion, contact Courtroom Deputy Megan Lafata at

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[e-mail] to request a pre-motion Telephonic Discovery Dispute

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Conference (TDDC) with the Magistrate Judge. The request shall be deemed to include

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a professional representation by the requesting lawyer that a good faith effort to resolve

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the dispute took place but failed, and it shall advise the Court of dates and times in the

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next five day period when all concerned parties will be available to confer regarding the

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dispute.

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The Court will issue a Minute Order advising counsel of the time and date of the

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telephone conference. No recording of the conference shall take place except with prior

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permission of the Court.

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Not later than four business hours before the scheduled conference, each party

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may submit a one page brief objectively and factually outlining the dispute, the party’s

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position on it, and the reasons therefore to [e-mail] The one page

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shall be in at least twelve point type and include the above-described information, the

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name of the party and the date of submission. It shall contain nothing more. There shall

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be no attachments. There shall be no editorializing. Inclusion therein of adjectives or

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adverbs or any characterization of an opponent’s motives, methods, character, past

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practices, or the like shall subject the author to sanctions.

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If the Magistrate Judge decides that motion papers and supporting memoranda

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are needed to satisfactorily resolve the dispute or if a dissatisfied party requests the

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Court, he shall approve the filing of a written motion in conformity with Local Rule 251(a).

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(The provisions of Local Rule 251 (b) through (f) will not apply unless the Magistrate

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Judge so orders.) Such motion shall, without limitation, (1) quote in full each

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interrogatory, deposition question, request for admission, or request for production in

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dispute and (2) the response or objection and grounds therefore as stated by the

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opposing party.

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Unless otherwise ordered by the Court, deposition transcripts or discovery papers
shall not be lodged or filed with the Court.

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IT IS SO ORDERED.
Dated:

February 10, 2017

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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