Jackson v. Pletcher et al

Filing 158

ORDER signed by Magistrate Judge Kendall J. Newman on 9/14/12 ORDERING that Defendant Pletcher's 130 summary judgment motion is DENIED without prejudice. All law and motion, except as to discovery-related matters, shall be completed by 3/6/2013. All discovery shall be completed by 12/21/2012. (Kastilahn, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RAYMOND D. JACKSON,

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Plaintiff,

No. 11-cv-1157 JAM KJN P

vs.
STEVEN PLETCHER, et al.,
Defendants.

ORDER
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I. Defendant Pletcher’s Summary Judgment Motion
Plaintiff is a state prisoner, proceeding through counsel, with a civil rights action

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pursuant to 42 U.S.C. § 1983. Plaintiff is represented by Paul Martin. Defendant Pletcher is

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represented by R. Wesley Pratt. Defendant Hall is represented by Michael Terhorst. Defendants

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Osman, Aguilera and Bick are represented by Kathleen Williams.

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Pending before the court is defendant Pletcher’s summary judgment motion filed

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August 6, 2012. On September 13, 2012, a hearing was held before the undersigned regarding

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this motion. In the reply to plaintiff’s opposition, defendant Pletcher argued that plaintiff’s

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action is barred by res judicata based on a state court ruling issued August 27, 2012. Because

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plaintiff did not have an opportunity to brief this issue, defendant Pletcher’s summary judgment

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motion is denied without prejudice. Defendant Pletcher may file a renewed summary judgment
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motion in accordance with the schedule set forth herein.

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II. Scheduling Order

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Motion Hearing Schedule

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All law and motion, except as to discovery-related matters, shall be completed by

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March 6, 2013. The word “completed” in this context means that all law and motion matters

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must be heard by the above date. Counsel are cautioned to refer to the court’s Local Rules

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regarding the requirements for noticing such motions on the court’s regularly scheduled law and

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motion calendar. This paragraph does not preclude motions for continuances, temporary

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restraining orders or other emergency applications.

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The parties should keep in mind that the purpose of law and motion is to narrow

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and refine the legal issues raised by the case and to dispose of by pretrial motion those issues that

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are susceptible to resolution without trial. To accomplish that purpose, the parties need to

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identify and fully research the issues presented by the case, and then examine those issues in light

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of the evidence obtained through discovery. If it appears to counsel after examining the legal

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issues and facts that an issue can be resolved by pretrial motion, counsel are to file the

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appropriate motion consistent with the law and motion cutoff set forth above.

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ALL PURELY LEGAL ISSUES ARE TO BE RESOLVED BY TIMELY

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PRETRIAL MOTION. Counsel are reminded that motions in limine are procedural devices

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designed to address the admissibility of evidence. COUNSEL ARE CAUTIONED THAT THE

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COURT WILL LOOK WITH DISFAVOR UPON SUBSTANTIVE MOTIONS PRESENTED

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UNDER THE GUISE OF MOTIONS AT THE TIME OF TRIAL.

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Discovery

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All discovery shall be completed by December 21, 2012. The word “completed”

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means that all discovery shall have been conducted so that all depositions have been taken and

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any disputes relative to discovery shall have been resolved by appropriate order if necessary and,

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where discovery has been ordered, the parties have complied with the order. Motions to compel
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discovery must be noticed on the undersigned’s law and motion calendar in accordance with the

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Local Rules.

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Pretrial Conference and Jury Trial

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The pretrial conference and jury trial will be set following resolution of all

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dispositive motions.

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. Defendant Pletcher’s summary judgment motion (Dkt. No. 130) is denied

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without prejudice;

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2. All law and motion, except as to discovery-related matters, shall be completed
by March 6, 2013;

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3. All discovery shall be completed by December 21, 2012.
DATED: September 14, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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