Washington v. Mohammed et al

Filing 76

ORDER signed by Magistrate Judge Craig M. Kellison on 9/9/2015 re: Discovery and Scheduling of Case. The parties may conduct discovery until 1/29/2016. (Donati, J)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN WASHINGTON,

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Plaintiff,

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No. 2:08-cv-0386-KJM-CMK-P

vs.

ORDER

SALEM MOHAMMED, et al.,
Defendants.

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/

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Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant

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to 42 U.S.C. § 1983. An answer to plaintiff’s complaint has been filed and, therefore, this case is

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now at issue. Pursuant to Federal Rule of Civil Procedure 16(b), the court will, by this order, set

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a schedule for this litigation.

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1.

Discovery requests shall be served by the party seeking the discovery on

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all parties to the action. Discovery requests shall not be filed with the court except when

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required by Eastern District of California Local Rules 250.1(a), 250.2(c), 250.3(c), and/or

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250.4(c). Improperly filed discovery requests will be disregarded;

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2.

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Responses to written discovery requests shall be due 45 days after the

request is served;
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3.

Pursuant to Federal Rule of Civil Procedure 30(a)(2)(B), defendant(s) may

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depose plaintiff and any other incarcerated witness upon condition that, at least 14 days before

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such a deposition, all parties are served with the notice required by Federal Rule of Civil

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Procedure 30(b)(1);

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4.

If disputes arise about the parties’ obligations to respond to requests for

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discovery, the parties shall comply with all pertinent rules, including Federal Rules of Civil

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Procedure 5, 7, 11, 26, and 37 and Eastern District of California Local Rules 133, 134, 135, 137,

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130, 131, 110, 141, 141.1, and 230(m); unless otherwise ordered, Local Rule 251 shall not apply.

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Filing a discovery motion that does not comply with all applicable rules may result in imposition

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of sanctions, including but not limited to denial of the motion;

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5.

The parties may conduct discovery until January 29, 2016. All requests

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for discovery pursuant to Fed. R. Civ. P. 30, 31, 33, 34, 36, and 45 shall be served by this

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discovery cut-off date. Any motions necessary to compel discovery shall be filed within 60 from

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this cut-off date.

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6.

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All dispositive motions shall be filed within 90 days after the discovery

cut-off date specified above;

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7.

Unless otherwise ordered, all motions shall be briefed pursuant to Local

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Rule 230(m), and failure to oppose such a motion in a timely manner may be deemed a waiver of

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opposition to the motion;

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8.

At a later stage in the proceedings, the court will issue a final scheduling

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To the extent plaintiff’s motions to set a trial date (Doc. 70) and to compel

order;

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discovery (Doc. 73) request this case move into the next phase, those motions are granted. A

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trial date will be set, if appropriate, following completion of discovery and dispositive motions;

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and

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10.

To the extent plaintiff complains his prior discovery requests went

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unanswered, the motion to compel is denied as premature. If plaintiff now propounds discovery

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requests that go unanswered, he may file a new motion to compel.

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IT IS SO ORDERED.

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DATED: September 9, 2015
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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