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)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?