Coleman, et al v. Schwarzenegger, et al

Filing 4306

ORDER signed by Magistrate Judge John F. Moulds on 1/25/2013 ORDERING that the 1/16/2013 stipulated request for order shortening time is GRANTED; plaintiff's 4295 motion to expedite discovery responses in proceedings on defendants' motio n to terminate this action is GRANTED; responses to discovery requests propounded in connection with defendants' motion to terminate this action shall be served within 14 days of service of the request; the provisions of LR 251 will not apply to discovery disputes that may arise in connection with defendants' motion to terminate this action. (See Order for Details) (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RALPH COLEMAN, et al.,
Plaintiffs,

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No. 2:90-cv-0520 LKK JFM P

vs.
EDMUND G. BROWN, JR., et al.,
Defendants.

ORDER
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Pursuant to court order, this matter came on for hearing before the

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undersigned on a stipulated request for order shortening time for hearing on a motion by

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plaintiffs to expedite discovery responses in the above-captioned case. Aaron J. Fischer,

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Esq. appeared as counsel for plaintiffs. Deborah J. Vorous, Deputy Attorney General,

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appeared as counsel for defendants. After review of the papers filed by the parties and

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consideration of the arguments of counsel, and good cause appearing, the request for

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order shortening time will be granted.

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The dispute at bar arises from a motion to terminate the instant action filed

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by defendants on January 7, 2013. Plaintiffs seek an order expediting all responses to

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discovery requests propounded in connection with said motion, requiring said responses

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to be served fourteen days after service of such requests. At the hearing, the parties
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represented that to date they have been working expeditiously to set up prison tours and

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depositions and to provide documents responsive to production requests in advance of

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said tours and depositions. Defendants’ objection to the instant motion turns principally

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on an unwillingness to commit to a timeframe for responding to as yet unserved discovery

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requests. Since defendants’ motion in this case may trigger an automatic stay effective

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April 7, 2013, and good cause appearing, plaintiffs’ motion will be granted. In the

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ordinary course, responses to discovery requests propounded in connection with

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defendants’ motion to terminate this action shall be served within fourteen days of service

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of the request.

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In addition, given the exigencies of the proceedings on defendants’ motion

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to terminate, the court finds good cause to set a procedure for resolution of any discovery

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disputes that may arise in connection with that motion. The provisions of Local Rule 251

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will not apply to said disputes. If a discovery dispute arises that cannot be resolved the

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parties shall file a joint statement not to exceed two pages setting forth their respective

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positions. Within two business days of such filing, the court shall issue an order either

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resolving the dispute or setting the matter for hearing in person or telephonically.
Finally, the court notes that the stipulation for order shortening time was

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also accompanied by a notice of motion to expedite discovery responses in proceedings

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on a motion filed by defendants before the three-judge court. At the hearing the parties

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acknowledged that the stipulation for order shortening time does not extend to the notice

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of motion to expedite discovery responses in the three-judge court proceedings. This

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court makes no ruling affecting discovery matters concerning the three-judge court

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proceedings.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. The January 16, 2013 stipulated request for order shortening time is

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granted.
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2. Plaintiffs’ motion to expedite discovery responses in proceedings on

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defendants’ motion to terminate the above-captioned action is granted.
3. Responses to discovery requests propounded in connection with

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defendants’ motion to terminate this action shall be served within fourteen days of service

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of the request.
4. The provisions of Local Rule 251 will not apply to discovery disputes

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that may arise in connection with defendants’ motion to terminate this action. If a

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discovery dispute arises that cannot be resolved the parties shall file a joint statement not

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to exceed two pages setting forth their respective positions. Within two business days of

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such filing, the court shall issue an order either resolving the dispute or setting the matter

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for hearing in person or telephonically.

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DATED: January 25, 2013.

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cole0520.oah124

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