Michael A. Washington v. Hernandez et al

Filing 32

ORDER DENYING Plaintiff's Motion for an Extension of the Discovery Deadline Without Prejudice 31 ; ORDER DIRECTING the Parties to Meet and Confer, signed by Magistrate Judge Barbara A. McAuliffe on 5/11/2018: 30-Day Deadline for Joint Statement. (Hellings, J)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11
MICHAEL A. WASHINGTON,
12
Plaintiff,
13
14
15

vs.
R. HERNANDEZ, et al.,
Defendants.

16
17

)
)
)
)
)
)
)
)
)
)
)
)
)

Case No.: 1:16-cv-01439-LJO-BAM (PC)
ORDER DENYING PLAINTIFF’S MOTION
FOR AN EXTENSION OF THE
DISCOVERY DEADLINE, WITHOUT
PREJUDICE
[Doc. 31]
ORDER DIRECTING THE PARTIES TO
MEET AND CONFER

18

Plaintiff Michael A. Washington is a state prisoner proceeding pro se and in forma

19

pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This case proceeds on Plaintiff’s

20

claim for excessive force in violation of the Eighth Amendment against Defendants Hernandez,

21

Stane, Stinson, Chambers, and Denney.
Plaintiff’s Motion for an Extension of the Discovery Deadline

22

I.

23

Currently before the Court is Plaintiff’s motion for an extension of the discovery

24

deadline, filed on May 9, 2018. (Doc. 31.) Plaintiff states in the motion that he requires an

25

extension to file a motion to compel records regarding the Defendants’ conduct during the

26

incident in question. Plaintiff states that he was unable to do so within the discovery deadline

27

because he first attempted to get the documents from his counsel in a prior case related to this

28

incident, and because of a housing transfer which left him without his property for some months.

1

1

Upon review of Plaintiff’s motion, the Court finds it appropriate to require the parties to

2

engage in a meet and confer conference regarding this discovery matter. It appears significant

3

time and resources may be saved through that process, obviating the need for any motion to

4

compel and related briefing. Therefore, Plaintiff’s motion to extend the discovery deadline will

5

be denied, without prejudice, and the Court will instruct the parties to meet and confer to attempt

6

to resolve this matter, as described below.

7

II.

8

Defense counsel is directed to contact Plaintiff by telephone, or to set-up an in-person

9

Meet and Confer

meeting, regarding this discovery matter. In conducting the meet and confer conference, the

10

parties are reminded that they are required to act in good faith during the course of discovery.

11

Complete, accurate, and truthful discovery responses are required. False or incomplete responses

12

violate the Federal Rules of Civil Procedure and subject an offending party and/or counsel to

13

sanctions. Boilerplate objections will not be tolerated and will be summarily overruled.

14

Privileges are narrowly construed and are generally disfavored. Information not properly

15

disclosed may be excluded from later use in support of a motion, at a hearing, or at trial.

16

Within twenty-one (21) days of this order, the parties must have met and conferred, and

17

defense counsel must file a Joint Statement regarding the conference. All parties shall participate

18

in the preparation of the Joint Statement, and must sign the Joint Statement. Electronic signatures

19

are acceptable; a wet signature is not required.

20

The Joint Statement shall set forth the following:

21

(a) a statement that the parties met and conferred in good faith regarding the dispute, by

22
23
24
25
26

phone or in-person, including the date(s) of the conference(s);
(b) a statement explaining whether this dispute was resolved in full or in part through the
meet and confer process; and
(c) if any issues remain unresolved, a statement explaining the dispute and the parties’
positions.

27

Upon review of the Joint Statement, the court shall issue a further order regarding this

28

matter. No additional filings may be made on this issue unless and until ordered by the court.

2

1

Accordingly, IT IS HEREBY ORDERED that:

2

1.

3

Plaintiff’s motion for an extension of the discovery deadline, filed on May 9,

2018 (Doc. 31) is denied, without prejudice;

4

2.

The parties are ordered to meet and confer as outlined above;

5

3.

Within thirty (30) days of the date of service of this order, a Joint Statement shall

6
7

be filed in this matter as outlined above; and
4.

The parties are warned that the failure to meet and confer in good faith as

8

set forth in this order, or to comply with any of its terms, will result in the imposition of

9

sanctions.

10
11
12
13

IT IS SO ORDERED.
Dated:

/s/ Barbara

May 11, 2018

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3