(PC) Price v. Sherman et al

Filing 46

ORDER MODIFYING Case Schedule; ORDER EXTENDING Appointment of Counsel signed by Magistrate Judge Erica P. Grosjean on 6/2/2021. Motions to Compel: 1/7/2022; Non-Expert Discovery: 1/25/2022; Telephonic Discovery and Status Conference Hearing set for 2/14/2022 at 10:00 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean; Dispositive Motions: 3/25/2022; Expert Disclosures: 8/25/2022; Rebuttal Expert Disclosures: 9/23/2022; Plaintiff's Pretrial Statement: 10/25/2022; Defendants' Pretrial Statement: 11/28/2022; Telephonic Trial Confirmation Hearing set for 1/11/2023 at 08:15 AM in Courtroom 4 (DAD) before District Judge Dale A. Drozd. (Sant Agata, S)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 12 EDMOND PAUL PRICE, 13 Plaintiff, 14 15 No. 1:20-cv-00131-NONE-EPG (PC) v. ALVARADO, et al., 16 Defendants. ORDER MODIFYING CASE SCHEDULE; ORDER EXTENDING APPOINTMENT OF COUNSEL (ECF Nos. 28, 30). 17 On June 2, 2021, the Court held a telephonic discovery and status conference in this 18 19 matter, with Attorney Lori Rifkin appearing on behalf of Plaintiff and Attorney David Kuchinsky 20 appearing on behalf of Defendants. (See ECF Nos. 28, 30). Counsel for the parties requested an 21 extension of the remaining case deadlines to facilitate their preparation for the upcoming January 22 25, 2022 continued settlement conference. (See ECF 44). The Court agreed that it was prudent to 23 modify the case schedule and likewise extended the appointment of counsel for Plaintiff in this 24 case to include the continued settlement conference and any non-expert discovery. Accordingly, IT IS ORDERED that the scheduling order (ECF No. 28) is modified by the 25 26 setting of the following new dates: 27 /// 28 /// 1 1 2 Event Deadline/Date 3 Motions to Compel January 7, 2022 4 Non-expert Discovery January 25, 2022 5 Telephonic Discovery and February 14, 2022 6 Status Conference Time: 10:00 a.m. 7 At the time of conference, the parties shall dial 1 (888) 251- 8 2909 and enter access code 1024453. 9 Dispositive Motions March 25, 2022 10 Expert Disclosures August 25, 2022 11 Rebuttal Expert Disclosures September 23, 2022 12 Plaintiff’s Pretrial Statement October 25, 2022 13 Defendants’ Pretrial November 28, 2022 14 Statement 15 Telephonic Trial January 11, 2023 16 Confirmation Hearing Time: 8:15 a.m. 17 Courtroom 4 (NONE) 18 To participate in this hearing, the parties shall follow the 19 instructions contained in the prior scheduling order. (ECF No. 20 28, p. 6). 21 22 23 24 25 Additionally, IT IS FURTHER ORDERED that the order appointing Attorney Lori Rifkin (ECF No. 30) as limited purpose counsel for Plaintiff is expanded as follows: 1. The appointment also includes the Rifkin Law Office and any associates that work with Attorney Lori Rifkin; and 2. The appointment also extends for the purpose of Attorney Lori Rifkin (and her 26 firm and any associates working with her) conducting non-expert discovery and 27 representing Plaintiff in the continued settlement conference set for January 25, 28 2022. 2 1 2 Because Plaintiff will be represented by counsel through the non-expert discovery 3 deadline, IT IS FURTHER ORDERED that the following requirements now apply regarding any 4 potential discovery disputes that arise and any discovery motions that are filed: 5 6 Informal Discovery Conference 1. In order to file a discovery motion pursuant to Fed. R. Civ. P. 37, a party must 7 receive permission from the Court following an informal telephone conference. A 8 party wishing to schedule such a conference should contact chambers to receive 9 available dates. The Court will schedule the conference as soon as possible, taking 10 into consideration the urgency of the issue. Before contacting the Court, the parties 11 must meet and confer by speaking with each other in person, over the telephone, or 12 via video in an attempt to resolve the dispute. 13 2. Prior to the conference, both parties shall simultaneously submit letters, outlining 14 their respective positions regarding the dispute. The Court will provide the date the 15 letters are due at the time the conference is scheduled. Such letters shall be no 16 longer than three (3) pages single spaced, and may include up to five (5) pages of 17 exhibits. Letters shall be emailed to Magistrate Judge Grosjean’s chambers at 18 epgorders@caed.uscourts.gov, and not filed on the docket. 19 3. At the time of conference, the parties shall dial 1 (888) 251-2909 and enter access 20 code 1024453. Telephonic conferences will not be on the record and the Court will 21 not issue a formal ruling at that time. Nevertheless, the Court will attempt to 22 provide guidance to the parties to narrow or dispose of the dispute. If no resolution 23 can be reached without formal motion practice, the Court will authorize the filing 24 of a formal discovery motion. 25 Discovery Motions 26 1. If a motion is brought pursuant to Fed. R. Civ. P. 37, after receiving permission 27 from the Court, the parties must prepare and file a Joint Statement re: Discovery 28 3 1 2 Disagreement (“Joint Statement”) as required by Local Rule 251.2.1 In scheduling 3 such motions, Magistrate Judge Grosjean may grant applications for an order 4 shortening time pursuant to Local Rule 144(e). Motions to shorten time will only 5 be granted upon a showing of good cause. If a party does not obtain an order 6 shortening time, the notice of motion must comply with Local Rule 251. 7 2. A Joint Statement, not to exceed twenty-five (25) pages, must be filed seven (7) 8 calendar days before the scheduled hearing date. Prior to the filing of the Joint 9 Statement, the parties must meet and confer as set forth in Local Rule 251(b). In 10 addition to filing the Joint Statement electronically, a copy of the Joint Statement 11 in Word format must be sent to Magistrate Judge Grosjean’s chambers via email to 12 epgorders@caed.uscourts.gov. Courtesy copies for any pleading in excess of 13 twenty-five pages (25) (including exhibits) shall also be delivered to chambers via 14 US mail, or hand delivery, at the time the Joint Statement is electronically filed. 15 Motions may be removed from the Court’s calendar if the Joint Statement is not 16 timely filed, or if courtesy copies are not timely delivered. 17 18 All unmodified terms and conditions of the scheduling order (ECF No. 28) remain in full force and effect. 19 20 21 IT IS SO ORDERED. Dated: June 2, 2021 /s/ UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 1 Certain limited exceptions from filing the required Joint Statement are outlined in Local Rule 251(e). 4

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