Chappell v. Bess, et al

Filing 191

ORDER signed by Magistrate Judge Kendall J. Newman on 06/15/11 ORDERING that the parties are DIRECTED to file, w/i 30 days, separate status reports setting forth the status of discovery in this action, and the reasonableness of the current deadlines for completing discovery and filing dispositive motions. Any request for an extension of time shall be supported by an explanation why the current deadline is impracticable, and why an alternative date, specifically proposed, is both warranted and re asonable. In addition, each party shall indicate whether there is any reasonable possibility to achieve a settlement in this action and, if so, whether each party consents to the undersigned presiding over an early settlement conference. (Benson, A.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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REX CHAPPELL,

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Plaintiff,

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vs.

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SAM BESS, et al.,

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Defendants.
______________________________/

No. 2:01-cv-01979 KJN P

ORDER

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On May 16, 2011, this court appointed attorney Scott Handleman to represent

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plaintiff in this action, pursuant to 28 U.S.C. 1915(e)(1). Former co-counsel Joel Liberson and

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Philip Allingham were directed to cooperate with Mr. Handleman by facilitating the transmission

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of all records and information, written and oral, essential to represent plaintiff’s best interests in

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this ten-year-old case. The deadline for filing dispositive motions in this action remains October

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30, 2011, premised on the assumption that the continued discovery deadlines1 remain reasonable

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despite the change in plaintiff’s representation. (Dkt. No. 162.)

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Nonexpert discovery closed on February 17, 2011; close of expert discovery is set for
August 29, 2011. (Dkt. No. 162 at 4.)
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In order to assess the current status of this case, the parties2 are directed to file,

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within thirty days after the filing date of this order, separate status reports setting forth the status

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of discovery in this action, and the reasonableness of the current deadlines for completing

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discovery and filing dispositive motions. Any request for an extension of time shall be supported

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by an explanation why the current deadline is impracticable, and why an alternative date,

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specifically proposed, is both warranted and reasonable. In addition, each party shall indicate

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whether there is any reasonable possibility to achieve a settlement in this action and, if so,

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whether each party consents to the undersigned presiding over an early settlement conference.

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SO ORDERED.
DATED: June 15, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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chap1979.stat

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Each of the three parties (plaintiff and two defendants) is represented by separate
counsel. Accordingly, three separate status reports shall be filed.
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