Calloway v. Veal, et al

Filing 86

ORDER signed by Magistrate Judge Edmund F. Brennan on 09/29/14 ordering the court adopts plaintiff's request for additional discovery and proposed schedule and the case will proceed as follows. (See order for further details) (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMISI JERMAINE CALLOWAY,

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No. 2:09-cv-2907-GEB-EFB P

Plaintiff,

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v.

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M. VEAL, et al.,

ORDER

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Defendants.

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Plaintiff is a state prisoner proceeding in an action brought under 42 U.S.C. § 1983. On

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August 1, 2014, the court directed the parties to submit a proposed discovery schedule going

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forward. ECF No. 79. The parties have submitted their proposals.

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Defendants state that they intend to serve requests for production, requests for admission,

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and interrogatories on plaintiff by October 31, 2014. ECF No. 84. Plaintiff, now represented by

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counsel, states that he intends to seek discovery beyond the requests issued on September 13,

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2011 and proposes a detailed discovery schedule going forward. ECF No. 85. Defendants have

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not objected to that additional discovery or the proposed schedule.

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Accordingly, the court will adopt the schedule proposed by plaintiff and the case shall
proceed as follows:
1. Depositions of non-expert witnesses shall be completed on or before December 31,
2014;
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2. The final date by which the parties may serve non-expert discovery shall be December
31, 2014;

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3. Each party shall (a) disclose the identities of all expert witnesses that it anticipates will

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provide testimony on issues on which such party bears the burden of proof, and (b)

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provide a short statement of the subject matter on which such expert witness(es) shall

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testify, on or before March 4, 2015;

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4. Expert reports on issues for which a party bears the burden of proof shall be served on
or before April 6, 2015;
5. Rebuttal expert reports shall be served on or before May 11, 2015;

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6. Expert depositions shall be completed by June 12, 2015;

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7. Within 30 days of service of discovery, a party shall respond;

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8. Any motion to compel related to discovery shall be filed within 30 days of service of

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those responses or, where relevant, failure to timely respond;
9. Presuming the court has resolved all discovery disputes, and the parties have

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completed all supplemental productions (if any), either party may move for summary

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judgment, or defendants may renew their April 16, 2012 motion for summary

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judgment, on or before July 10, 2015;

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10. The non-moving party shall have 30 days from service of such summary judgment
motion to file an opposition to the motion; and
11. The moving party shall have 14 days from service of the opposition to file a reply.
Dated: September 29, 2014.

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