Moncrief v. California Department of Corrections and Rehabiliation et al

Filing 41

ORDER signed by Magistrate Judge Allison Claire on 03/19/14 ordering the parties are ordered to meet and confer within 21 days regarding matters contemplated by Rule 26(f). The parties are ordered to submit a joint status report no later than 4/16/14. (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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JOHN PHILIP MONCRIEF,

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No. 2:12-cv-0414 MCE AC P

Plaintiff,
v.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.

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Plaintiff, a state prisoner, is proceeding through counsel with a second amended civil

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rights complaint filed pursuant to 42 U.S.C. § 1983. At the hearing on defendants’ motion to

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dismiss held on March 19, 2014 before the undersigned, the court solicited the parties’ views with

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respect to the scheduling of discovery matters as well as the potential additional amendment of

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the complaint to identify and name Doe defendants. In light of those discussions as well as a

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review of the court’s docket in the present matter, IT IS HEREBY ORDERD that:

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1. The parties shall meet and confer within 21 days regarding the matters contemplated

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by Rule 26(f). In addition to determining a timeframe for making initial disclosures pursuant to

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Rule 26(a)(1), the parties shall attempt in good faith to agree on a proposed discovery plan that

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includes expedited discovery directed to the identities of Doe defendants.

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2. The parties are ordered to submit to the court a joint status report no later than April
16, 2014, briefly setting out their views on the following matters:
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a. Anticipated motions and their scheduling, specifically including plaintiff’s
anticipated motion to amend upon discovery of the identities of Doe defendants;

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b. The status and scheduling of discovery, including matters within the scope of
the discovery plan contemplated by Fed. R. Civ. P. 26 and this order;

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c. Future proceedings, including appropriate cut-off dates for discovery and law
and motion, and the scheduling of a pretrial conference and trial;

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d. Estimated trial time;

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e. Modification of standard pretrial procedures specified by the rules due to the

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simplicity or complexity of the proceedings;

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f. Whether a settlement conference should be scheduled;

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g. Whether counsel will stipulated to the magistrate judge assigned to this matter

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acting as settlement judge and waiving disqualification by virtue of her so acting, or whether they

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prefer to have a settlement conference before another judge;

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h. Any other matter that may add to the just and expeditious disposition of this
matter;
3. Following receipt of the joint status report, the court will promptly issue a Scheduling
Order governing all future proceedings in this matter; and,
4. The undersigned will issue Findings and Recommendations to the District Judge on

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defendants’ pending motion to dismiss (ECF No. 35) as soon as practicable. Discovery shall

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proceed in the meantime.

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DATED: March 19, 2014

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