Epps v. CSP Sacramento

Filing 56

ORDER signed by Magistrate Judge Allison Claire on 4/22/16 ordering that the clerk of court is directed to send plaintiff, together with a copy of this order, the following: 1) a copy of this court's discovery and scheduling order filed 3/14/16 53 and 2) a copy of plaintiff's x-ray report filed 4/20/16 55 at 2. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT EPPS,

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No. 2:14-cv-1347 MCE AC P
Plaintiff,

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v.

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DELEON, et al.,

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ORDER

Defendants.

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Plaintiff has filed two documents in this case following issuance of the court’s Discovery

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and Scheduling Order on March 14, 2016, that indicate some confusion about the process of

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discovery and the filing of dispositive motions. See ECF Nos. 54-5.
Regarding discovery, plaintiff is informed that court authorization is not required for

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plaintiff to serve his discovery requests on defendants, or for plaintiff to respond to the discovery

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requests served on him by defendants. No party should involve the court in the discovery process

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absent a dispute they are unable to resolve informally, and then only pursuant to a motion filed in

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accordance with the Federal Rules of Civil Procedure. Discovery requests between the parties are

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not to be filed with the court unless, and until, they are part of a dispute that is presented to the

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court by motion. In the meantime, plaintiff should identify the evidence that will support his

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claims, formulate his discovery requests accordingly, and timely serve his requests on

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defendants.1 Another copy of the court’s Discovery and Scheduling Order is included with this

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order; plaintiff should note the deadlines therein that are in bold.

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Regarding plaintiff’s submission of evidence in support of an anticipated motion for

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summary judgment, plaintiff is informed that no dispositive motions or supporting documents are

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to be filed and served until after the close of discovery (July 15, 2016), and before the dispositive

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motion deadline (October 14, 2016). The October 19, 2010 x-ray report plaintiff recently filed

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with the court (see ECF No. 55 at 2) should be included in a later-filed motion for summary

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judgment or opposition thereto. A copy of that report will be returned to plaintiff.

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Plaintiff is cautioned that further errant filings in this case may result in sanctions.

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Accordingly, IT IS HEREBY ORDERED that the Clerk of Court is directed to send

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plaintiff, together with a copy of this order, the following: (1) a copy of this court’s Discovery

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and Scheduling Order filed March 14, 2016, ECF No. 53, and (2) a copy of plaintiff’s x-ray report

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filed April 20, 2016, ECF No. 55 at 2.

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DATED: April 22, 2016

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Plaintiff’s discovery requests may include the following: (1) requests for admission (yes-or-no
statements of fact) directed to each defendant, see Fed. R. Civ. P. 36; (2) up to twenty-five
interrogatories (questions) directed to each defendant, see Fed. R. Civ. P. 33; and (3) requests for
copies of documents, electronically stored information, or other tangible evidence directed to
each defendant, see Fed. R. Civ. P. 34.
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