McCain v. California Highway Patrol et al

Filing 296

ORDER signed by Magistrate Judge Allison Claire on 11/10/2016 ORDERING the parties to file Oppositions to the pending 250 , 259 , 262 , 265 Motions for Summary Judgment within 30 days and to file any replies 30 days after the relevant Opposition was filed; ORDERING the California Highway Patrol defendants to immediately re-serve 262 Motion for Summary Judgment, 263 Notice of Errata on the plaintiff; ADVISING all parties that 215 Motion to Compel, 246 Ex Parte Application and 286 R esponse are taken under submission and ORDERING that no further briefing on those matters be filed; DENYING 190 , 211 , 233 , 234 , 284 Motions to Compel without prejudice to their renewal after the pending Motions for Summary Judgment have been resolved; DENYING 266 , 295 Motions for Extension of Time and 268 Motion to Strike; ORDERING that no party file any further motions until the pending Motions for Summary Judgment have been resolved. (Michel, G.)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

TERRYLYN McCAIN,

12

Plaintiff,

13
14
15

No. 2:11-cv-1265 KJM AC (PS)

v.

ORDER

CALIFORNIA HIGHWAY PATROL, et
al.,
Defendants.

16
17

Plaintiff is proceeding in this case pro se, and the case was accordingly referred to the

18
19

undersigned by E.D. Cal. R. (“Local Rule”) 302(c)(21). This matter was scheduled for a Status

20

Conference on November 9, 2016, before the undersigned. Even though plaintiff is incarcerated,

21

and a live hearing is therefore not required under this court’s rules and would not ordinarily be

22

held, the court scheduled a live hearing to sort through the large number of pending motions, and

23

to ensure that plaintiff had an opportunity to participate in that process. Plaintiff, however, was

24

unable to connect with the court’s telephonic conferencing system at the time of the hearing,

25

despite good faith efforts to do so. Defendants’ counsel were present in court. This being the

26

second failed attempt to conduct a live status conference, this case will henceforth return to its

27

status as a prisoner case governed by Local Rule 230(l), which normally applies when one party

28

////
1

1

is incarcerated. Accordingly, this and future motions and status conferences will be conducted on

2

the papers, unless ordered otherwise.

3
4

The court having reviewed the Status Reports submitted by the parties (ECF Nos. 282,
283), and the pending motions, IT IS HEREBY ORDERED as follows:

5

1. The parties have 30 days from the date of this order to file Oppositions to the pending

6

motions for summary judgment (ECF Nos. 250, 259, 262, 265). The Oppositions

7

(including any supplement plaintiff wishes to file to her Opposition, ECF No. 269), shall

8

include or be accompanied by all declarations, statements of disputed or undisputed facts,

9

and all other appropriate materials under Fed. R. Civ. P. 56. Replies, if any, shall be filed

10

no later than 30 days from the date the relevant Opposition was filed. Those motions will

11

then be taken under submission. In light of this generous briefing schedule, requests for

12

extension of time will be disfavored and must be supported by a showing of exceptional

13

circumstances.

14

2. Because plaintiff asserts (see ECF No. 284) that she has not received the California

15

Highway Patrol defendants’ briefing on their motion for summary judgment, those

16

defendants shall re-serve ECF Nos. 262, 263 on plaintiff immediately.

17

3. The Tow defendants’ motion to compel plaintiff to sign her deposition transcript (ECF

18

No. 215), and their ex parte application (ECF No. 246, with plaintiff’s response at ECF

19

No. 286), are taken under submission. No further briefing on those matters shall be filed.

20

4. All other motions to compel (ECF Nos. 190, 211, 233, 234, 284), are DENIED without

21

prejudice to their renewal after the summary judgment motions have been resolved (that

22

is, after the undersigned has filed findings and recommendations on the motions, and after

23

the district judge has ruled on them).

24

5. All remaining motions (ECF Nos. 266, 268, 295) are DENIED.

25

////

26

////

27

////

28

////
2

1

6. No party shall file any further motions (other than requests for extensions of time to file

2

the documents referred to in this order), until the summary judgment motions have been

3

resolved.

4

DATED: November 10, 2016

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3