Johnson v. Singh et al

Filing 39

ORDER signed by Magistrate Judge Kendall J. Newman on 2/3/15: Plaintiff's motion to compel 37 is DENIED without prejudice as premature. Status (pre-trial scheduling) conference set for 3/5/2015 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SCOTT JOHNSON,

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No. 2:13-cv-0894-MCE-KJN PS

Plaintiff,
ORDER

v.
BUTA SINGH, et al.,
Defendants.

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On September 9, 2014, defendant Ramawatar Sah, then represented by counsel, filed an

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answer to the second amended complaint. (ECF No. 29.) On September 29, 2014, the District

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Judge assigned to this case issued an order granting defendant Sah’s counsel’s motion to

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withdraw from representation in this action. (ECF No. 32.) The grant of this motion left

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defendant Sah proceeding pro se in this matter. (Id. at 3.) To date, no other defendant named in

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the second amended complaint has made an appearance in this case. Based on the record, it

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appears that all defendants that have made an appearance in this action are proceeding in propria

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persona. Accordingly, this action has been assigned to the undersigned for all appropriate pre-

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trial proceedings pursuant to Local Rule 302(c)(21).

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On January 21, 2015, plaintiff filed a motion to compel defendant Sah to provide initial
responses to interrogatories and document requests propounded by plaintiff. (ECF No. 37.)

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However, this motion is premature. Under the Federal Rules of Civil Procedure, parties to an

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action “may not seek discovery from any source before the parties have conferred as required by

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Rule 26(f),” unless the parties have stipulated to conduct discovery at an earlier time. Fed. R.

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Civ. P. 26(d). As of this date, the court has not held an initial scheduling conference, or even set

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one for a hearing. Furthermore, there is no indication that the parties have stipulated to permit

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discovery at an earlier time. Consequently, plaintiff’s motion is denied without prejudice as

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premature.

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Because no initial scheduling conference has been scheduled as of this time, the court
shall set such a conference through this order. Accordingly, an initial scheduling conference is
set for Thursday March 5, 2015, at 10:00 a.m., in Courtroom No. 25 before the undersigned.

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In light of the above, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion to compel (ECF No. 37) is DENIED without prejudice as premature.

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2. A status (pre-trial scheduling) conference is set for Thursday March 5, 2015, at 10:00

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a.m., in Courtroom No. 25 before the undersigned. All parties shall appear by counsel or in

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person if acting without counsel.

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3. Not later than fourteen (14) days prior to the status conference, the parties shall meet
and confer, and file a joint status report briefly describing the case and addressing the following:

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a.

Service of process;

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b.

Possible joinder of additional parties;

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c.

Any expected or desired amendment of the pleadings;

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d.

Jurisdiction and venue;

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e.

Anticipated motions and their scheduling;

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f.

The report required by Fed. R. Civ. P. 26 outlining the proposed discovery

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plan and its scheduling, including disclosure of expert witnesses;
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Future proceedings, including setting appropriate cut-off dates for

discovery and law and motion, and the scheduling of a pretrial conference and trial;

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h.

Special procedures, if any;

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i.

Estimated trial time;
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j.

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complexity of the proceedings;

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k.

Whether the case is related to any other cases, including bankruptcy;

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l.

Whether a settlement conference should be scheduled;

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m.

Whether counsel will stipulate to the undersigned acting as settlement

Modifications of standard pretrial procedures due to the simplicity or

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judge and waive disqualification by virtue of his so acting, or whether they prefer to have a

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settlement conference conducted before another judge; and

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n.

Any other matters that may add to the just and expeditious disposition of

this matter.
4. Failure to obey the Federal Rules of Civil Procedure, this court’s Local Rules,1 or an

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order of this court, may result in dismissal of the action or a judgment of default, monetary

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sanctions, and/or any other appropriate sanctions. Although the court liberally construes the

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pleadings and filings of pro se litigants, they are required to abide by all deadlines and procedural

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requirements.

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IT IS SO ORDERED.
Dated: February 3, 2015

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A copy of the court’s Local Rules may be obtained from the Clerk’s Office or on the court’s
website at http://www.caed.uscourts.gov/caednew/index.cfm/rules/local-rules/.
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