Passer v. Steevers et al

Filing 112

ORDER AND STAY OF EXPERT DISCOVERY AND PRETRIAL MOTIONS DEADLINES signed by Magistrate Judge Kendall J. Newman on 9/24/14 ORDERING that Discovery shall be phased as set forth; the 9/30/14 expert deposition deadline and the 10/10/14 pretrial motions deadline are STAYED pending further order of the court; within 10 days from the completion of percipient witness and party discovery, counsel for both parties shall contact Sujean Park, ADR and Pro Bono Director, to schedule a mandatory settlement co nference with a randomly selected settlement judge. Absent further leave of court, the mandatory settlement conference shall be scheduled within two months from the date discovery is completed; and the Clerk of the Court shall serve a copy of this order on Sujean Park. (cc: ADR). (Meuleman, A) Modified on 9/25/2014 (Meuleman, A).

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY VINCENT PASSER,

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Plaintiff,

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No. 2:08-cv-2792 MCE KJN P

v.
DR. STEEVERS, et al.,

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ORDER AND STAY OF EXPERT
DISCOVERY AND PRETRIAL MOTIONS
DEADLINES

Defendants.

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Plaintiff is a state prisoner proceeding through counsel. The undersigned has reviewed the

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record in this action and determined that discovery should be phased such that percipient witness

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depositions and other party discovery should occur prior to the parties engaging in discovery

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concerning expert witnesses, including the depositions of expert witnesses. Phasing discovery in

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this case is consistent with Rule 1 of the Federal Rules of Civil Procedure, which states that the

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rules “should be construed and administered to secure the just, speedy, and inexpensive

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determination of every action and proceeding.” Fed. R. Civ. P. 1. Moreover, as set forth in the

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court’s prior order, “[t]he district court is given broad discretion in supervising the pretrial phase

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of litigation.” Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607 (9th Cir. 1992) (citation

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and internal quotation marks omitted). In light of this phasing, the expert deposition deadline of

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September 30, 2014, and the pretrial motions deadline of October 10, 2014, are stayed.

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Once percipient witness and party discovery is completed, this case shall be scheduled for

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a mandatory settlement conference with a randomly selected judge.1 Within ten days from

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completion of such discovery, all counsel for the parties shall contact Sujean Park, ADR and Pro

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Bono Director, [phone], to arrange for the scheduling of a settlement conference before a

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randomly-selected settlement judge. Absent further leave of court, the mandatory settlement

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conference shall be scheduled within two months from the date such discovery is completed.

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Expert discovery is stayed pending completion of the mandatory settlement conference.
Further scheduling order will issue, as appropriate, following the settlement conference.

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. Discovery shall be phased as set forth above;

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2. The September 30, 2014 expert deposition deadline and the October 10, 2014 pretrial

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motions deadline are stayed pending further order of the court;

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3. Within ten days from the completion of percipient witness and party discovery, counsel

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for both parties shall contact Sujean Park, ADR and Pro Bono Director, [phone], to

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schedule a mandatory settlement conference with a randomly selected settlement judge. Absent

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further leave of court, the mandatory settlement conference shall be scheduled within two months

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from the date discovery is completed; and

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4. The Clerk of the Court shall serve a copy of this order on Sujean Park.
DATED: September 24, 2014.

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/pass2792.phdsc

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.

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Pursuant to Local Rule 270(b) of the Eastern District of California, the parties may
affirmatively request that the undersigned serve as the settlement judge, but must waive any claim
of disqualification to the undersigned trying the case thereafter.
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