Clark v. County of Sacramento et al

Filing 64

ORDER signed by Magistrate Judge Deborah Barnes on 9/20/18 GRANTING 59 Plaintiff's Request to modify the scheduling order; GRANTING 58 Defendant's Request to modify Scheduling order. Discovery shall be completed by 11/2/2018. All Pretr ial Motions shall be completed by 12/14/2018. The Final Pretrial Conference is SET for 3/22/2019 at 10:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. A Jury Trial is SET for 4/29/2019 at 09:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FELICIA CLARK,

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No. 2:15-cv-1211 JAM DB PS

Plaintiff,
v.

ORDER

COUNTY OF SACRAMENTO, et al.,

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Defendants.

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Plaintiff is proceeding in this action pro se. This matter was, therefore, referred to the

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undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). On December

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18, 2017, the undersigned issued a Status (Pretrial Scheduling) Order setting forth a schedule for

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this action. (ECF No. 47.) Plaintiff and defendant have each filed separate requests for a

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modification of that schedule. (ECF Nos. 58 & 59.) Good cause appearing, those requests will

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be granted.

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Plaintiff’s filing also seeks the court’s authorization to subpoena documents from defense

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counsel. (ECF No. 59 at 1.) “Rule 45 of the Federal Rules of Civil Procedure governs discovery

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of non-parties by subpoena.” Del Campo v. Kennedy, 236 F.R.D. 454, 457 (N.D. Cal. 2006). In

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this regard, “[w]here a non-party possesses potentially relevant information, the party seeking

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discovery may obtain a subpoena for the evidence pursuant to Rule 45.” Amini Innovation Corp.

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v. McFerran Home Furnishings, Inc., 300 F.R.D. 406, 409 (C.D. Cal. 2014).
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Here, plaintiff is seeking discovery from defendants, who are a party to this action. To

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obtain discovery from a party, plaintiff should consult the Federal Rules of Civil Procedure,

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specifically Rules 26 through 37, and Local Rule 251. Plaintiff should also contact defendants’

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counsel to meet and confer.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendants’ August 6, 2018 request to modify the scheduling order (ECF No. 58) is

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granted;
2. Plaintiff’s August 10, 2018 request to modify the scheduling order (ECF No. 59) is

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granted;

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3. Discovery in this action shall be completed by November 2, 20181;

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4. All pretrial motions, except motions to compel discovery, shall be completed by

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December 14, 20182;.

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5. A final pretrial conference is set for March 22, 2019, at 10:00 a.m. in courtroom no. 6
before the Honorable John A. Mendez; and

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7. A jury trial is set for April 29, 2019, at 9:00 a.m. in courtroom no. 6 before the

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Honorable John A. Mendez.

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Dated: September 20, 2018

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DLB:6
DB\orders\orders.pro se\clark1211.sched.eot.ord

The word “completed” means that all discovery shall have been conducted so that all
depositions have been taken and any disputes relative to discovery shall have been resolved by
appropriate order if necessary and, where discovery has been ordered, the order has been
complied with.
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The word “completed” in this context means that all law and motion matters must be heard by
the above date. The parties are cautioned to refer to the local rules, specifically Local Rule 230,
regarding the requirements for noticing such motions on the court’s regularly scheduled law and
motion calendar.
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