Anderson v. Kelso, et al.

Filing 135

ORDER signed by Magistrate Judge Kendall J. Newman on 07/12/13 defendants' motion to take plaintiff's deposition by videoconference 116 is granted; the deposition shall occur no later than 09/11/13; on or before 07/19/13, defense counsel shall provide plaintiff's counsel with his proposed date for the deposition; on or before 07/26/13, plaintiff's counsel shall inform the defense counsel which date he has chosen; the court reporter shall attend the deposition at the prison wher plaintiff is housed. On or before 07/26/13, plaintiff shsll file either statements of non-opposition or oppositions to defendant Kelso's motion to dismiss 117 and motion for summary judgment 118 ; defendant Kelso may file a reply to pla intiff's oppositions on or before 08/09/13; these motions will not be set for hearing at this time. Defendants' motion to compel 119 is granted; on or before 08/02/13, plaintiff shall provide defendants with responses to the at-issue int errogatories and requests for production of documents; all objections are waived other than attorney-client privilege. Plaintiff's motion for extension of time to conduct discovery 121 is denied in part; plaintiff is not permitted to serve de fendant Kelso with any discovery; plaintiff is not permitted to serve the other defendants with any written discovery; but on or before 07/26/13, plaintiff's counsel shall file the statement discussed above regarding proposed depositions; and de fendants may file a response to plaintiff's statement on or before 08/02/13. On or before 08/02/13, plaintiff's counsel shall file the briefing discussed above regarding his client's filings. The deadline for filing dispositive pretr ial motions is set for 11/15/13; oppositions are due 30 days thereafter; replies to oppositions are due 14 days thereafter. For the reasons discussed above, plaintiff's counsel is ordered to pay sanctions of $100.00 on or before 07/26/13. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SAMUEL ANDERSON,

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No. 2: 12-cv-0261 MCE KJN P

Plaintiff,
v.

ORDER

J. CLARK KELSO et al.,
Defendants.

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Plaintiff is a state prisoner, proceeding with counsel, with a civil rights action pursuant to

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42 U.S.C. 1983. On July 11, 2013, a hearing was held regarding several pending matters.

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Chijioke Ikonte appeared on behalf of plaintiff. Jaime G. Touchstone appeared on behalf of

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defendant Clark Kelso. Scott Foley appeared on behalf of the remaining defendants.

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Following the hearing, the court ordered plaintiff’s counsel to file, on or before July 26,

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2013, a brief statement setting forth the depositions he feels are imperative to take. If plaintiff’s

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counsel intends to depose named defendants, his statement shall include the issues he intends to

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address at the proposed depositions and the time limits of each deposition. If plaintiff’s counsel

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intends to depose a “person most knowledgeable,” he shall include the issues he intends to

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address at the proposed deposition and whether deposing the “person most knowledgeable”

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eliminates the need to take the deposition of any defendant(s). Plaintiff counsel’s statement shall

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also address when his expert witness will be available for report and deposition. Plaintiff’s
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counsel shall meet and confer with defense counsel regarding his proposed list of deponents, and

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his statement shall summarize his communications with defense counsel regarding this matter.

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Following the hearing, the court also ordered plaintiff’s counsel to file a brief statement

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addressing whether the court is authorized to disregard the pleadings filed by his client or whether

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the court shall order his client to file his complaints regarding conditions at California State

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Prison-Lancaster in the United States District Court for the Central District of California. This

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briefing shall also address whether the court may disregard the pleadings filed by counsel’s client

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concerning his dissatisfaction with counsel, or whether the court should instruct counsel’s client

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to file a formal motion regarding this matter.

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On May 24, 2013, the court ordered plaintiff’s counsel to show cause why sanctions

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should not be imposed for his failure to appear at the May 23, 2013 hearing. On May 31, 2013,

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plaintiff’s counsel filed his response. Because plaintiff’s counsel failed to show good cause for

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failing to appear at the May 23, 2013 hearing and for the reasons expressed by the court on the

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record, plaintiff’s counsel is ordered to pay sanctions of $100. See Thompson v. Housing Auth.,

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782 F.2d 829, 831 (9th Cir. 1986) (courts have the inherent power to control their dockets and “in

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the exercise of that power, they may impose sanctions…”)

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Following the hearing, the court made the following ORDERS:

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1.

Defendants’ motion to take plaintiff’s deposition by videoconference (ECF No. 116)

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is granted; the deposition shall occur no later than September 11, 2013; on or before July 19,

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2013, defense counsel shall provide plaintiff’s counsel with his proposed dates for the deposition;

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on or before July 26, 2013, plaintiff’s counsel shall inform defense counsel which date he has

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chosen; the court reporter shall attend the deposition at the prison where plaintiff is housed;

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2.

On or before July 26, 2013, plaintiff shall file either statements of non-opposition or

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oppositions to defendant Kelso’s motion to dismiss (ECF No. 117) and motion for summary

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judgment (ECF No. 118); defendant Kelso may file a reply to plaintiff’s oppositions on or before

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August 9, 2013; these motions will not be set for hearing at this time;

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3.

Defendants’ motion to compel (ECF No. 119) is granted; on or before August 2,

2013, plaintiff shall provide defendants with responses to the at-issue interrogatories and requests
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for production of documents; all objections are waived other than attorney-client privilege;
4. Plaintiff’s motion for extension of time to conduct discovery (ECF No. 121) is denied

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in part; plaintiff is not permitted to serve defendant Kelso with any discovery; plaintiff is not

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permitted to serve the other defendants with any written discovery; but on or before July 26,

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2013, plaintiff’s counsel shall file the statement discussed above regarding proposed depositions;

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and defendants may file a response to plaintiff’s statement on or before August 2, 2013;

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5.

On or before August 2, 2013, plaintiff’s counsel shall file the briefing discussed

above regarding his client’s filings;

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6.

The deadline for filing dispositive pretrial motions is set for November 15

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2013; oppositions are due thirty days thereafter; replies to oppositions are due fourteen days

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thereafter; and
7. For the reasons discussed above, plaintiff’s counsel is ordered to pay sanctions of

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$100 on or before July 26, 2013.

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Dated: July 12, 2013

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An261.ord

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