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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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OUSSAMA SAHIBI,

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Plaintiff,

CASE No. 1:15-cv-01581-LJO-MJS (PC)
ORDER
SETTTING
TELEPHONIC
DISCOVERY DISPUTE CONFERENCE

v.
BORJAS GONZALES, et al.,

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Defendants.

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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

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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
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Defendants’ discovery requests. (ECF Nos. 67, 68.) Plaintiff stated that the requests

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required him to review his medical records and, although he had sought permission to do

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so, the opportunity had not been afforded him yet.

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Plaintiff also sought an extension of time to file a motion to compel, indicating that

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Defendants had objected to many of his discovery requests on grounds of confidentiality

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and/or privilege. He had attempted to resolve this matter informally but received no

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response from defense counsel prior to the November 3, 2016 expiration of the

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discovery cut-off.

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The Court will set these matters for a telephonic discovery dispute conference. In

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preparation for the conference, the Court requests the assistance of defense

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counsel and Plaintiff’s Litigation Coordinator in facilitating Plaintiff’s expeditious

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review of his medical records. A copy of this order will be sent to the Litigation

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Coordinator at Plaintiff’s institution. The parties also will be ordered to take additional

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steps to prepare for the conference, as set out below.

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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 [phone] and then entering
access code 4446176#.

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4. No later than January 4, 2017, the parties shall meet and confer and

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attempt to resolve the dispute with respect to Defendants’ discovery

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request (ECF No. 63).

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5. No later than January 4, 2017, Plaintiff shall file with the Court and serve

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on Defendants a copy of Defendants’ discovery responses, indicating

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which responses Plaintiff believes are deficient.

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6. No later than January 9, 2017, each party shall file and serve a two page

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brief objectively and factually outlining the dispute, the party’s position on

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it, and the reasons therefore. The two pages shall be in at least twelve

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point type or nearly handwritten, and include the name of the party and the

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date of submission. It shall contain nothing more. There shall be no

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attachments. There shall be no editorializing. Inclusion therein of

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adjectives or adverbs or any characterization of the opponent’s motives,

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methods, character, past practices, or the like shall subject the author to

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sanctions. Plaintiff shall mail his statement sufficiently in advance of the

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deadline to ensure that it arrives at the Court on or before January 9,

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2017.

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7. At the conference, the Court will discuss the issues raised, announce its

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anticipated ruling on the dispute, and discuss whether either party will be

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permitted to file further formal motions.

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IT IS SO ORDERED.
Dated:

December 5, 2016

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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