(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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EDMOND PAUL PRICE,

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Plaintiff,

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No. 1:20-cv-00131-NONE-EPG (PC)

v.
ALVARADO, et al.,

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Defendants.

ORDER MODIFYING CASE SCHEDULE;
ORDER EXTENDING APPOINTMENT OF
COUNSEL
(ECF Nos. 28, 30).

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On June 2, 2021, the Court held a telephonic discovery and status conference in this

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matter, with Attorney Lori Rifkin appearing on behalf of Plaintiff and Attorney David Kuchinsky

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appearing on behalf of Defendants. (See ECF Nos. 28, 30). Counsel for the parties requested an

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extension of the remaining case deadlines to facilitate their preparation for the upcoming January

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25, 2022 continued settlement conference. (See ECF 44). The Court agreed that it was prudent to

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modify the case schedule and likewise extended the appointment of counsel for Plaintiff in this

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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

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setting of the following new dates:

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Event

Deadline/Date

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Motions to Compel

January 7, 2022

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Non-expert Discovery

January 25, 2022

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Telephonic Discovery and

February 14, 2022

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Status Conference

Time: 10:00 a.m.

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At the time of conference, the parties shall dial 1 (888) 251-

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2909 and enter access code 1024453.

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Dispositive Motions

March 25, 2022

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Expert Disclosures

August 25, 2022

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Rebuttal Expert Disclosures

September 23, 2022

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Plaintiff’s Pretrial Statement

October 25, 2022

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Defendants’ Pretrial

November 28, 2022

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Statement

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Telephonic Trial

January 11, 2023

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Confirmation Hearing

Time: 8:15 a.m.

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Courtroom 4 (NONE)

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To participate in this hearing, the parties shall follow the

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instructions contained in the prior scheduling order. (ECF No.

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28, p. 6).

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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

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firm and any associates working with her) conducting non-expert discovery and

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representing Plaintiff in the continued settlement conference set for January 25,

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2022.
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Because Plaintiff will be represented by counsel through the non-expert discovery

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deadline, IT IS FURTHER ORDERED that the following requirements now apply regarding any

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potential discovery disputes that arise and any discovery motions that are filed:

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Informal Discovery Conference
1. In order to file a discovery motion pursuant to Fed. R. Civ. P. 37, a party must

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receive permission from the Court following an informal telephone conference. A

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party wishing to schedule such a conference should contact chambers to receive

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available dates. The Court will schedule the conference as soon as possible, taking

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into consideration the urgency of the issue. Before contacting the Court, the parties

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must meet and confer by speaking with each other in person, over the telephone, or

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via video in an attempt to resolve the dispute.

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2. Prior to the conference, both parties shall simultaneously submit letters, outlining

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their respective positions regarding the dispute. The Court will provide the date the

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letters are due at the time the conference is scheduled. Such letters shall be no

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longer than three (3) pages single spaced, and may include up to five (5) pages of

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exhibits. Letters shall be emailed to Magistrate Judge Grosjean’s chambers at

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[e-mail], and not filed on the docket.

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3. At the time of conference, the parties shall dial 1 [phone] and enter access

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code 1024453. Telephonic conferences will not be on the record and the Court will

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not issue a formal ruling at that time. Nevertheless, the Court will attempt to

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provide guidance to the parties to narrow or dispose of the dispute. If no resolution

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can be reached without formal motion practice, the Court will authorize the filing

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of a formal discovery motion.

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Discovery Motions

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1. If a motion is brought pursuant to Fed. R. Civ. P. 37, after receiving permission

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from the Court, the parties must prepare and file a Joint Statement re: Discovery

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Disagreement (“Joint Statement”) as required by Local Rule 251.2.1 In scheduling

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such motions, Magistrate Judge Grosjean may grant applications for an order

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shortening time pursuant to Local Rule 144(e). Motions to shorten time will only

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be granted upon a showing of good cause. If a party does not obtain an order

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shortening time, the notice of motion must comply with Local Rule 251.

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2. A Joint Statement, not to exceed twenty-five (25) pages, must be filed seven (7)

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calendar days before the scheduled hearing date. Prior to the filing of the Joint

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Statement, the parties must meet and confer as set forth in Local Rule 251(b). In

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addition to filing the Joint Statement electronically, a copy of the Joint Statement

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in Word format must be sent to Magistrate Judge Grosjean’s chambers via email to

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[e-mail]. Courtesy copies for any pleading in excess of

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twenty-five pages (25) (including exhibits) shall also be delivered to chambers via

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US mail, or hand delivery, at the time the Joint Statement is electronically filed.

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Motions may be removed from the Court’s calendar if the Joint Statement is not

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timely filed, or if courtesy copies are not timely delivered.

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All unmodified terms and conditions of the scheduling order (ECF No. 28) remain in full
force and effect.

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IT IS SO ORDERED.
Dated:

June 2, 2021

/s/
UNITED STATES MAGISTRATE JUDGE

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Certain limited exceptions from filing the required Joint Statement are outlined in Local Rule 251(e).

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