(PC) Gomez v. Gonzalez, et al.

Filing 24

CASE MANAGEMENT and SCHEDULING ORDER signed by Magistrate Judge Helena M. Barch-Kuchta on 5/8/2024. Response to Complaint: 5/15/2024; Exhaustion Based Motion: 8/6/2024; Complete Non-Expert Discovery: 2/2/2025; Settlement Report: 3/4/2025; Dispositive Motions: 5/8/2025. (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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ANDY GOMEZ,

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Case No. 1:22-cv-00977-HBK (PC)
Plaintiff,
CASE MANAGEMENT SCHEDULING ORDER

v.

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GONZALEZ and CHARLES,

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Defendants.

Response to Complaint

05/15/2024

Exhaustion-Based Motion:

08/06/2024

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Complete Non-Expert Discovery: 02/02/2025

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Settlement Report:

03/04/2025

Dispositive Motion(s):

05/08/2025

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On May 1, 2024, Defendants filed Objections to proceeding to an early settlement

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conference. (Doc. No. 22). The Court therefore lifted the stay entered in this action. (Doc. No.

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23). As previously directed, Defendants shall file a response to the complaint as screened (Doc.

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Nos. 7, 13, 23) no later than May 15, 2024. Pursuant to Federal Rules of Civil Procedure 1, 16,

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and 26-36, the Court sets forth the following case management deadlines and discovery

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procedures for this case as follows:

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I. Written Discovery:

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Discovery requests shall be served by the parties in compliance with Rule 5 of the Federal

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Rules of Civil Procedure (Fed. R. Civ. P.) and Eastern District of California Local Rule 135.

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Discovery requests and responses shall not be filed with the Court unless required by Eastern

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District California Local Rules 250.2, 250.3 and 250.4. Absent leave of Court, discovery is

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limited as follows:

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A.

The parties are limited to 15 Requests for Admission (a request for admission is a

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written request that the opposing party “admit, for purposes of the pending action only, the truth

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of any matters within the scope of Rule 26(b)(1)” that relate to “(A) facts, the application of law

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to fact, or opinions about either; [or] (B) the genuineness of any described documents.” Fed. R.

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Civ. P. 36(a)(1));

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B.

The parties are limited to 15 Requests for Production (a request for production is a

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written request that the opposing party produce documents or electronically stored information,

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“including writings, drawings, graphs, charts, photographs, sound recordings, images, and other

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data or data compilations,” or a written request that the opposing party produce any designated

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tangible things. Fed. R. Civ. P. 34(a)(1)).

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Responses to documents shall include all documents within a party’s possession, custody,

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or control. Fed. R. Civ. P. 34(a)(1). Documents are deemed within a party’s possession, custody,

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or control if the party has actual possession, custody, or control thereof, or the legal right to

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obtain the property on demand. Allen v. Woodford, 2007 WL 309945, at *2 (E.D. Cal. 2007).

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Responses to written discovery, including the production of documents, shall be due

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within forty-five (45) days after the request is served. Boilerplate objections are disfavored and

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may be summarily overruled by the Court. All discovery must be completed by the above-

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referenced discovery cut-off date.

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The parties are required to act in good faith during discovery and are required to meet and

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confer, via correspondence or telephonically, to resolve any discovery dispute prior to filing any

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discovery motion. Any motions to compel should be filed promptly after the non-receipt or

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receipt of the objectionable discovery; and, in all cases no later than fourteen (14) days before the
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non-expert discovery deadline expires. Failure to timely file a motion to compel will result in a

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waiver of any objections to discovery. The moving party must include certification that they have

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complied with their duty to meet and confer. The failure to include a certification or show good

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cause for failure to meet and confer will result in the motion being stricken. The fact that Plaintiff

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is incarcerated does not constitute good cause to excuse either parties’ duty to fulfill the meet and

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confer requirement.

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II. Depositions

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Pursuant to Fed. R. Civ. P. 30(a)(2)(B), Defendants may depose Plaintiff and any other

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witness confined in a prison upon condition that, at least fourteen (14) days before such a

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deposition, Defendants serve all parties with the notice required by Rule 30(b)(1). Pursuant to

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Fed. R, Civ. P. 30(b)(4), the parties may take any deposition under this section by video

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conference, relieving the court reporter of the requirement to be in the physical presence of the

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witness under Federal Rule of Civil Procedure 28(a)(1) during that deposition. Nothing herein

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forecloses a party from bringing a motion for protective order pursuant to Fed. R. Civ. P. 26(c)(1)

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if deemed necessary.

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Disagreement with any directive of security staff at the institution or prison at which the

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deposition is scheduled is not a basis for the Plaintiff to refuse to answer questions. Further, the

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failure of Plaintiff to attend, be sworn, or answer appropriate questions may result in sanctions,

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including terminating the action as provided in Fed. R. Civ. P. 37.

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III. Case Management Deadlines

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The following deadlines shall govern this action:

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A. Deadline to challenge exhaustion of administrative remedies: August 6, 2024.

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B. Deadline to complete non-expert discovery: February 2, 2025. Any motions to

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compel must be filed no later than fourteen (14) days before the non-expert discovery deadline.

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The motion(s) should include a copy of the request(s) and any response to the request(s) at issue.

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The responding party may file a response to the motion no later than twenty-one days from the

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date the motion is filed. If, after reviewing the motion(s) and response(s), the Court determines

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that a hearing will be helpful, the Court will set a hearing on the motion(s) to compel.
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C. Deadline to Advise of Settlement Potential: March 4, 2025. Defendant(s) shall

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confer with Plaintiff,1 and no later than March 4, 2025, shall file a report indicating each party’s

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position on whether a further settlement conference would be productive.2

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D. Deadline to file pre-trial dispositive motions: May 8, 2025. The deadline to file

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oppositions to dispositive motions, including motions for summary judgment, is thirty (30) days

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from the date the motion is filed. The deadline to file replies to oppositions is fourteen (14) days

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from the date the opposition is filed. If a party needs an extension to these deadlines, that party

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may file a motion for an extension of time.

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E. In addition to complying with the applicable rules, a motion and incorporated

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memorandum and any responses in opposition shall not exceed twenty-five (25) pages in length,

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exclusive of exhibits. A moving party’s reply brief shall not exceed seven (7) pages in length. A

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party must move and show good cause for exceeding these page limitations before filing a motion

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in excess of these pages. Any motions filed in excess of these page limitations may be struck.

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F. Defendants shall lodge a Word version of any dispositive motion to chambers at:

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[e-mail] and shall mail or deliver courtesy hard-copies of any motions with

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exhibits that exceed twenty-five (25) pages in length to the Clerk of Court at 2500 Tulare St.,

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Fresno, CA 93721 and marked “to the Attention of: HBK Chambers.” Courtesy hard-copies shall

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reflect the CM/ECF document numbers and pagination.

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IV. Further Dates and Deadlines

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If this case proceeds after dispositive motions have been resolved, or if no dispositive

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motions are filed, the Court will set expert disclosure deadlines,3 a telephonic trial confirmation

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hearing, pretrial deadlines, and a trial date.

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V. Effect of This Order

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The deadlines set forth above are firm and will only be extended upon a showing of good

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cause. Eleventh hours motions, i.e., motions filed on the eve of the deadline expiration, to extend

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The parties may confer by letter or telephonically.
If the parties request a settlement conference, the Court will stay the remaining deadlines.
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While the Court is not setting a deadline for expert disclosures at this time, the parties may provide their
expert disclosures at any time.
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a deadline will only be granted only upon a showing of extraordinary circumstances.

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Dated:

May 8, 2024
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

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