Sahibi v. Gonzales. et al.
Filing
70
ORDER SETTING Telephonice Discovery Dispute Conference; Clerk to Send Copy of This Order to Litigation Coordinator at Salinas Valley State Prison, signed by Magistrate Judge Michael J. Seng on 12/5/16. Telephonic Discovery Dispute Conference set for 1/13/2017 at 02:30 PM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng. (Marrujo, C)
1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
8
EASTERN DISTRICT OF CALIFORNIA
9
10
OUSSAMA SAHIBI,
11
12
13
Plaintiff,
CASE No. 1:15-cv-01581-LJO-MJS (PC)
ORDER
SETTTING
TELEPHONIC
DISCOVERY DISPUTE CONFERENCE
v.
BORJAS GONZALES, et al.,
14
Defendants.
15
Telephonic
Discovery
Dispute
Conference: January 13, 2017 at 2:30
p.m. in Courtroom 6 (MJS)
CLERK TO SEND COPY OF THIS ORDER
TO LITIGATION COORDINATOR AT
SALINAS VALLEY STATE PRISON
16
17
18
19
20
21
22
23
24
25
26
27
28
Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
rights action brought pursuant to 28 U.S.C. § 1983. The action proceeds on Plaintiff’s
Eighth Amendment excessive force claim against Defendants Brandon Cope, Borjas
Gonzales, Mario Lozano, Howard Smith, and Stan, and on a Fourteenth Amendment
due process claim against Defendant Crounse.
On November 3, 2016, Defendants Cope, Gonzales, Lozano, Smith, and Stan
filed a motion to compel, stating that Plaintiff had failed to respond to discovery requests.
(ECF No. 63.)
Plaintiff did not file an opposition. However, on November 22, 2016 and
November 28, 2016, he filed motions seeking an extension of time to respond to
1
1
Defendants’ discovery requests. (ECF Nos. 67, 68.) Plaintiff stated that the requests
2
required him to review his medical records and, although he had sought permission to do
3
so, the opportunity had not been afforded him yet.
4
Plaintiff also sought an extension of time to file a motion to compel, indicating that
5
Defendants had objected to many of his discovery requests on grounds of confidentiality
6
and/or privilege. He had attempted to resolve this matter informally but received no
7
response from defense counsel prior to the November 3, 2016 expiration of the
8
discovery cut-off.
9
The Court will set these matters for a telephonic discovery dispute conference. In
10
preparation for the conference, the Court requests the assistance of defense
11
counsel and Plaintiff’s Litigation Coordinator in facilitating Plaintiff’s expeditious
12
review of his medical records. A copy of this order will be sent to the Litigation
13
Coordinator at Plaintiff’s institution. The parties also will be ordered to take additional
14
steps to prepare for the conference, as set out below.
15
16
17
18
19
20
21
Accordingly, it is HEREBY ORDERED that:
1. This matter is set for a telephonic discovery dispute conference on
January 13, 2017 at 2:30 p.m. in Courtroom 6 (MJS).
2. Defense counsel shall arrange for Plaintiff’s participation in the
conference.
3. The Parties shall participate by calling (888) 204-5984 and then entering
access code 4446176#.
22
4. No later than January 4, 2017, the parties shall meet and confer and
23
attempt to resolve the dispute with respect to Defendants’ discovery
24
request (ECF No. 63).
25
5. No later than January 4, 2017, Plaintiff shall file with the Court and serve
26
on Defendants a copy of Defendants’ discovery responses, indicating
27
which responses Plaintiff believes are deficient.
28
2
1
6. No later than January 9, 2017, each party shall file and serve a two page
2
brief objectively and factually outlining the dispute, the party’s position on
3
it, and the reasons therefore. The two pages shall be in at least twelve
4
point type or nearly handwritten, and include the name of the party and the
5
date of submission. It shall contain nothing more. There shall be no
6
attachments. There shall be no editorializing. Inclusion therein of
7
adjectives or adverbs or any characterization of the opponent’s motives,
8
methods, character, past practices, or the like shall subject the author to
9
sanctions. Plaintiff shall mail his statement sufficiently in advance of the
10
deadline to ensure that it arrives at the Court on or before January 9,
11
2017.
12
7. At the conference, the Court will discuss the issues raised, announce its
13
anticipated ruling on the dispute, and discuss whether either party will be
14
permitted to file further formal motions.
15
16
17
IT IS SO ORDERED.
Dated:
December 5, 2016
/s/
18
Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
19
20
21
22
23
24
25
26
27
28
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?