Garland v. California Department of Corrections et al

Filing 44

ORDER and FURTHER AMENDED DISCOVERY AND SCHEDULING ORDER signed by Magistrate Judge Allison Claire on 10/24/2017 GRANTING plaintiff's 41 undisputed request to extend deadlines: Discovery is extended to 4/20/2018; Pretrial motions, except motions to compel discovery, shall be filed on or before 7/20/2018. (Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

THOMAS GARLAND,

12

Plaintiff,

13
14

No. 2:16-cv-1856 JAM AC P

v.

ORDER and

CDCR OFFICERS RASHEV & PIERCE,

15

Defendants.

FURTHER AMENDED DISCOVERY
AND SCHEDULING ORDER

16
Plaintiff requests a sixty-day extension of the deadlines in this action due to his imminent

17
18

parole date. See ECF No. 41. Defense counsel confirms that plaintiff has a scheduled parole date

19

of November 1, 2017, and has no objection to plaintiff’s request. See ECF No. 43. Therefore,

20

plaintiff’s request will be granted, and the deadlines for discovery and dispositive motions will be

21

extended by sixty days.
Plaintiff is informed that he is responsible for engaging directly with defendant’s counsel

22
23

in propounding discovery requests and responding to discovery requests. Plaintiff must prepare

24

and serve his own discovery requests, which should be narrowly tailored to obtain evidence in

25

support of his Eighth Amendment claims against defendants.1 The court should not be involved

26

1

27
28

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
1

1

in the discovery process unless the parties have been unsuccessful in earnest attempts to resolve a

2

given discovery dispute.

3

Accordingly, IT IS HEREBY ORDERED that:

4

1. Plaintiff’s undisputed request to extend existing deadlines, ECF No. 41, is granted.

5

2. The discovery deadline is extended to April 20, 2018. Any motions necessary to

6

compel discovery shall be filed by that date. All requests for discovery pursuant to Fed. R.

7

Civ. P. 31, 33, 34 or 36 shall be served not later than sixty days prior to that date.

8
9
10
11
12

3. All pretrial motions, except motions to compel discovery, shall be filed on or before
July 20, 2018. Motions shall be briefed in accordance with paragraph 8 of this court’s order filed
November 3, 2016 (ECF No. 11).2
SO ORDERED.
DATED: October 24, 2017

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

each defendant, see Fed. R. Civ. P. 34.
2
The parties shall also be guided by the court’s original discovery and scheduling order (ECF
No. 15). Copies of these pertinent orders were sent to plaintiff together with the court’s order
filed October 10, 2017 (ECF No. 40).
2