Phillips-Kerley v. City of Fresno Fire Department, et al.

Filing 104

ORDER LIFTING STAY OF DISCOVERY; AMENDED SCHEDULING ORDER, signed by Magistrate Judge Barbara A. McAuliffe on 03/15/2021. ( Plaintiff's Rule 26 Disclosure Deadline: 5/5/2021, Non-Expert Discovery due by 11/15/2021, Motion Hearing set for 5/7/2021 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe)(Martin-Gill, S)

Case 1:18-cv-00438-AWI-BAM Document 104 Filed 03/15/21 Page 1 of 3
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID PHILLIPS-KERLEY,

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Plaintiff,

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v.

ORDER LIFTING STAY OF DISCOVERY
AMENDED SCHEDULING ORDER

CITY OF FRESNO, AND DOES 1
THROUGH 10, INCLUSIVE,
Defendants.

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Case No. 1:18-cv-00438-AWI-BAM

Plaintiff’s
Rule 26 Disclosures:

May 5, 2021

Non-Expert
Discovery Deadline:

November 15, 2021

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The Court held a scheduling conference on March 15, 2021. Plaintiff David Phillips-

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Kerley, proceeding in propria persona, appeared by telephone. Counsel Joseph Rubin appeared

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by telephone on behalf of Defendant City of Fresno. As discussed at the conference, the stay of

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discovery in this action is HEREBY LIFTED. The Court sets an amended schedule for this

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action.

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1. Fed. R. Civ. P. 26(a)(1) Disclosures
Plaintiff shall complete initial disclosures no later than May 5, 2021.
2. Amendments to the Parties’ Pleadings
On March 9, 2021, Plaintiff filed a motion for leave to file a supplemental complaint.

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(Doc. 101.) As discussed at the conference, the Court sets the following schedule for briefing on

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the motion: Defendant’s opposition shall be served and filed no later than April 6, 2021.
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Defendant shall serve Plaintiff with a copy of the motion by electronic mail at the address

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provided during the conference.

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Plaintiff’s reply, if any, shall be served and filed no later than April 22, 2021.

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The hearing currently scheduled for April 23, 2021 is HEREBY CONTINUED to May 7,

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2021, at 9:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe.

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The parties may appear at the hearing by telephone with each party using the following dial-in

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number and access code: dial-in number 1-877-411-9748; access code 3219139.

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3. Discovery Cutoffs and Limits
All non-expert discovery, including motions to compel, shall be completed no later than

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November 15, 2021. Compliance with this discovery cutoff requires motions to compel be filed

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and heard sufficiently in advance of the cutoff so that the Court may grant effective relief within

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the allotted discovery time. A party’s failure to have a discovery dispute heard sufficiently in

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advance of the discovery cutoff may result in denial of the motion as untimely.

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4. Pretrial Motions
Non-dispositive motions are heard on Fridays at 9:00 a.m., before the Honorable Barbara

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A. McAuliffe, United States Magistrate Judge, in Courtroom 8. Before scheduling non-dispositive

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motions, the parties shall comply with Local Rule 230 or Local Rule 251. Counsel must comply

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with Local Rule 251 with respect to discovery disputes or the motion will be denied without

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prejudice and dropped from calendar. In addition to filing a joint statement electronically, a copy

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of the joint statement shall also be sent Judge McAuliffe’s chambers by email to

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[e-mail].

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The parties are advised that unless prior leave of the Court is obtained, all moving and

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opposition briefs or legal memorandum in civil cases before Judge McAuliffe shall not exceed

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twenty-five (25) pages. Reply briefs by the moving party shall not exceed ten (10) pages. These

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page limitations do not include exhibits. Briefs that exceed this page limitation, or are sought to

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be filed without leave, may not be considered by the Court.

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Counsel or pro se parties may appear and argue non-dispositive motions before Judge
McAuliffe by telephone by dialing the court’s teleconference line at [phone] and entering
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Case 1:18-cv-00438-AWI-BAM Document 104 Filed 03/15/21 Page 3 of 3
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Access Code 3219139, provided they indicate their intent to appear telephonically on their

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pleadings or by email to [e-mail] at least one week prior to the hearing.

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Dispositive pretrial motions are heard in Courtroom 2 before the Honorable Anthony W.

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Ishii, Senior District Judge. In scheduling such motions, the parties shall comply with Local Rules

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230 and 260.

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5. Effect of this Order
If the parties determine at any time that the schedule outlined in this order cannot be met,

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the parties are ordered to notify the Court immediately of that fact so that adjustments may be

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made, either by stipulation or by subsequent status conference. Stipulations extending the

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deadlines contained herein will not be considered unless they are accompanied by affidavits or

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declarations with attached exhibits, where appropriate, which establish good cause for granting

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the relief requested.

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Failure to comply with this order shall result in the imposition of sanctions.

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A copy of this Order will be served on Plaintiff Phillips-Kerley at his last known address.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

March 15, 2021

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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