Giddens v. City of Suisun et al

Filing 102

ORDER signed by Magistrate Judge Allison Claire on 9/5/2017 ORDERING the last day discovery motions will be heard is 10/18/2017; Discovery due by 11/1/2017; Dispositive Motions filed by 11/22/2017, last date for law and motion to be heard is 12/20/20 17; Joint Mid-Litigation Statement due by 10/18/2017; Joint Pretrial Statement by 2/8/2018; and Final Pretrial Conference is Reset for 2/22/2018 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley; all other dates set forth in the Court's Prior Scheduling Order 64 and Scheduling Amendment 82 will remain unchanged.(Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD GIDDENS,

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No. 2:14-cv-0943 TLN AC (PS)

Plaintiff,
v.

ORDER

CITY OF SUISUN, et al.,

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Defendants.

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This matter is before the undersigned pursuant to Local Rule 302(c)(21). The parties

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participated in an informal telephonic discovery conference before the undersigned on September

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5, 2017 at 1:00 p.m. Plaintiff appeared personally and defendants were represented by Danielle

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K. Lewis.

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The discovery dispute at issue is plaintiff’s request for a 60 day extension of the discovery

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deadline in this case. Plaintiff asserts that he is seeking legal counsel, and that his disability and

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the death of his mother have contributed to the need for an extension. Defendants oppose any

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extension, noting the case schedule has already been altered once, and arguing that any further

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delay would be prejudicial.

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The court finds that good cause exists for a brief extension of the discovery deadline.

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Such an extension will necessarily impact other deadlines, but the trial date remains intact. The

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parties are cautioned that requests for further extensions will be disfavored. Plaintiff is
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cautioned that, although he is proceeding pro se, he is under the same obligations as an attorney

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would be to comply with the deadlines set by this court. See Local Rule 183 (“Any individual

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representing himself or herself without an attorney is bound by the Federal Rules of Civil or Criminal

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Procedure, these Rules, and all other applicable law”).

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The discovery deadline will be extended to November 1, 2017, which means that all discovery

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must be completed by that time. The word “completed” means that all discovery shall have been

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conducted so that all depositions (including expert depositions) have been taken and any disputes

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

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has been ordered, the order has been complied with. Motions to compel discovery must be noticed on

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the undersigned’s calendar in accordance with the Local Rules. Accordingly, they must be heard not

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later than October 18, 2017 (leaving two weeks for the court’s decision and the parties’ compliance).

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See Local Rule 251(a). The parties are well advised not to wait until this deadline before bringing

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discovery motions, as they may forfeit the discovery if the motion is too massive or complex to be

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decided and complied with during the two-week period.

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Accordingly, IT IS HEREBY ORDERED that the schedule in this case will be modified

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to allow for a brief extension of the discovery deadline. The court’s November 17, 2015

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scheduling order (ECF No. 64) and April 26, 2017, scheduling amendment (ECF No. 82) are

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hereby modified to reflect:

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(1) The last day discovery motions will be heard is October 18, 2017;

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(2) Discovery must be completed by November 1, 2017;

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(3) All law and motion, except as to discovery, shall be filed by November 22, 2017;

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(4) The last date for law and motion to be heard is December 20, 2017;

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(5) The Joint-Mid Litigation Statement will be due by October 18, 2017;

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(6) The Joint Pretrial Statement will be due by February 8, 2018;

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(7) The Final Pretrial Conference will be held on February 22, 2018 at 2:00 p.m.

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before District Judge Troy L. Nunley in Courtroom No. 2, 15th Floor;

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(8) All other dates set forth in the court’s prior Scheduling Order at ECF No. 64 and
the Scheduling Amendment at ECF No.82 will remain unchanged.
IT IS SO ORDERED.
DATED: September 5, 2017

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