Avery v. Walker et al

Filing 21

[VACATED PURSUANT TO 10/02/09 ORDER]ORDER signed by Magistrate Judge Craig M. Kellison on 7/20/09 ORDERING that parties may conduct discovery until 11/20/09; All dispositive motions shall be filed within 90 days after the discovery cut-off date.(Dillon, M) Modified on 10/2/2009 (Plummer, M).

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. JAMES WALKER, et al., Defendants. / Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. An answer to plaintiff's complaint has been filed and, therefore, this case is now at issue. Pursuant to Federal Rule of Civil Procedure 16(b), the court will, by this order, set a schedule for this litigation. 1. Discovery requests shall be served by the party seeking the discovery on KYLE AVERY, Plaintiff, ORDER No. CIV S-08-2605-CMK-P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

all parties to the action. Discovery requests shall not be filed with the court except when required by Eastern District of California Local Rules 30-250(a), 33-250(c), 34-250(c), and/or 36-250(c). Improperly filed discovery requests will be disregarded; 2. request is served; 3. Pursuant to Federal Rule of Civil Procedure 30(a)(2)(B), defendant(s) may Responses to written discovery requests shall be due 45 days after the

depose plaintiff and any other incarcerated witness upon condition that, at least 14 days before 1

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such a deposition, all parties are served with the notice required by Federal Rule of Civil Procedure 30(b)(1); 4. If disputes arise about the parties' obligations to respond to requests for

discovery, the parties shall comply with all pertinent rules, including Federal Rules of Civil Procedure 5, 7, 11, 26, and 37 and Eastern District of California Local Rules 5-134, 5-135, 6136, 7-130, 7-131, 11-110, 43-142, and 78-230(m); unless otherwise ordered, Local Rule 37-251 shall not apply. Filing a discovery motion that does not comply with all applicable rules may result in imposition of sanctions, including but not limited to denial of the motion; 5. The parties may conduct discovery until November 20, 2009. All

requests for discovery pursuant to Fed. R. Civ. P. 30, 31, 33, 34, 36, and 45 shall be served by this discovery cut-off date. Any motions necessary to compel discovery shall be filed within 60 from this cut-off date. 6. All dispositive motions shall be filed within 90 days after the discovery

cut-off date specified above; 7. Unless otherwise ordered, all motions shall be briefed pursuant to Local

Rule 78-230(m), and failure to oppose such a motion in a timely manner may be deemed a waiver of opposition to the motion; and 8. order. IT IS SO ORDERED. At a later stage in the proceedings, the court will issue a final scheduling

DATED: July 20, 2009 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE

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