Armentero v. Sisto et al

Filing 78

ORDER signed by Magistrate Judge Allison Claire on 03/27/13 granting 71 Motion to re-open discovery for the purpose of conducting limited discovery. All fact discovery shall be completed on or before 08/09/13. The parties shall disclose expert t estimony and report, if any, in accordance with Fed. R. Civ. P. 26(a)(2) on or before 08/09/13. All discovery of expert witnesses pursuant to Fed. R. Civ. P. 26(b)(4) shall be completed on or before 09/31/13. The final pretrial conference is set for 11/20/13 at 10:00 a.m before the undersigned. The jury trial is set for 1/27/14 at 9:00 a.m. before the undersigned. A party wishing to file a motion for summary judgment instead of proceeding to trial may do so no later than 11/13/13. In the event a motion for summary judgment is filed, the pretrial and trial dates and the requirement of a joint pretrial statement will be vacated and reset if appropriate following adjudication of the motion(s). (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LUIS LORENZO ARMENTERO,
Plaintiff,

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No. 2:08-cv-2790 AC P

Defendant.

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ORDER

vs.
S. WILLIS,

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Plaintiff, a state prisoner proceeding with appointed counsel, seeks relief pursuant

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to 42 U.S.C. § 1983. Plaintiff’s motion to re-open discovery came on for hearing on March 27,

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2013. Christopher Dombkowski appeared on behalf of plaintiff and Kelly Yokley represented

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the defendant. Following the hearing, the court makes the following ORDERS:

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1. Plaintiff’s motion to re-open discovery for the purpose of conducting limited
discovery (ECF No. 71) is hereby granted;

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2. All fact discovery shall be completed on or before August 9, 2013. The scope

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of such discovery shall not exceed that contemplated by plaintiff’s motion to re-open discovery;

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3. The parties shall disclose expert testimony and reports, if any, in accordance
with Fed. R. Civ. P. 26(a)(2) on or before August 9, 2013;
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4. All discovery of expert witnesses pursuant to Fed. R. Civ. P. 26(b)(4) shall be
completed on or before September 31, 2013;

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5. In the event of any discovery disputes, the parties shall promptly meet and

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confer and, if unable to resolve their differences informally, may contact the Courtroom Deputy

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to schedule a telephonic discovery conference. A Joint Statement re Discovery Dispute pursuant

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to Local Rule 251(c) shall be filed at least 24 hours prior to the conference. A noticed motion to

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compel is not required. This procedure is intended to facilitate dispute resolution without motion

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practice if possible, in order to prevent the need for further requests to extend the deadlines set in

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this order. Accordingly, telephonic discovery conferences should be requested in time to permit

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dispute resolution within existing deadlines;

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6. The final pretrial conference is set for November 20, 2013 at 10:00 a.m. before

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the undersigned. Not less than seven days prior to the pretrial conference, the parties shall file a

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joint pretrial statement in accordance with L.R. 281;

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7. The jury trial is set for January 27, 2014 at 9:00 a.m. before the undersigned;

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8. A party wishing to file a motion for summary judgment instead of proceeding

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to trial may do so no later than November 13, 2013. In the event a motion for summary

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judgment is filed, the pretrial and trial dates and the requirement of a joint pretrial statement will

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be vacated and reset if appropriate following adjudication of the motion(s).

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DATED: March 27, 2013.

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ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE

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AC:009
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