Nelson v. Runnels et al

Filing 129

ORDER signed by Judge Lawrence K. Karlton on 4/12/13 ORDERING that the parties may engage in further discovery until 8/30/13, which shall also be the deadline for expert witness disclosures. Plaintiff may, but need not, file and serve a Third Amende d Complaint on or before 5/31/2013 if a Third Amended Complaint is filed, defendants shall timely file and serve an answer. Should plaintiff file a Third Amended Complaint, any party may, but need not, file and serve a motion for summary judgment on or before 11/1/2013. If no party files a motion for summary judgment, the parties shall, on or before 11/15/2013, file a further joint status report that identifies, for the subsequent year, any dates on which any party is unavailable to proceed to trial or attend a pretrial conference. (Kastilahn, 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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RAYMOND PAUL NELSON,
Plaintiff,

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vs.
D.L. RUNNELS, et al.,
Defendants.

ORDER
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No. 2:06-cv-1289 LKK KJN P

The parties have timely filed a joint status report. Plaintiff is represented by attorney

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Kresta Nora Daly, who was appointed on February 8, 2013. Defendants are represented by

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Deputy California Attorney General Kelli M. Hammond. The parties have suggested dates for

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trial and a pre-trial conference, but also request that discovery remain open until October 31,

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2013; in addition, plaintiff’s counsel states that she and plaintiff have not yet decided whether to

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file a Third Amended Complaint.

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The court notes the age of this case (filed in 2006), and that defendants’ motion

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for summary judgment on plaintiff Second Amended Complaint was denied in its entirety on

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September 16, 2010. However, should plaintiff file a Third Amended Complaint, the court

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would entertain further motions for summary judgment. These matters, together with the recent

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appointment of plaintiff’s counsel and the parties’ request for further discovery, militate against
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setting dates at this time for trial and pretrial conference.

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Accordingly, for good cause shown, IT IS HEREBY ORDERED that:

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1. The parties may engage in further discovery until August 30, 2013,1 which shall also

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be the deadline for expert witness disclosures.
2. Plaintiff may, but need not, file and serve a Third Amended Complaint on or before

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May 31, 2013; if a Third Amended Complaint is filed, defendants shall timely file and serve an

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answer.

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3. Should plaintiff file a Third Amended Complaint, any party may, but need not, file
and serve a motion for summary judgment on or before November 1, 2013.

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4. If no party files a motion for summary judgment, the parties shall, on or before

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November 15, 2013, file a further joint status report that identifies, for the subsequent year, any

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dates on which any party is unavailable to proceed to trial or attend a pretrial conference.

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SO ORDERED.
DATED: April 12, 2013.

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At this time, the court finds excessive the parties’ request to extend discovery to
October 31, 2013, in light of the prior development of this case.
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