Eason v. Wal-Mart Corporation

Filing 22

ORDER signed by Magistrate Judge Gregory G. Hollows on 10/31/16: The parties shall meet and confer about the Rule 26 automatic disclosures they will each make within 30 days of the date of this Order, or by November 25, 2016. The parties sh all submit a Joint Status Report within 14 days of completing their meet and confer efforts and file it with court on or before December 9, 2016. The parties shall also complete the consent form provided to them. The Clerk of the Court shall serve a copy of 19 , and the court's consent form together with this Oder. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RAYMELL EASON

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No. 2: 16-cv-1876 KJM GGH

Plaintiff,
v.

ORDER

WAL-MART CORPORATION,
Defendant.

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PROCEDURAL HISTORY
The Complaint in this matter was initially filed in this court on February 16, 2016 by

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plaintiff, who is an inmate in the U.S. Penitentiary located in Lompoc, Ca. ECF No. 1. On

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February 26, 2016, the matter was transferred to the Western District of Arkansas by Magistrate

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Judge Carolyn K. Delaney. ECF Nos. 4, 5. The District of Arkansas granted IFP status to

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plaintiff on March 29, 2016. ECF No. 7. A summons was returned executed by defendant on

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April 28, 2016, ECF No. 9, and an Answer to the Complaint was filed on May 10, 2016. ECF

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No. 11. Bruce Crawford from the law firm of Mitchell, Williams, Selig, Gates & Woodyard,

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P.L.L.C. appeared as attorney for defendant. ECF No. 13. On August 8, 2016, the Western

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District of Arkansas transferred the case back to this District, ECF No. 17, and the matter was

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docketed here on August 9, 2016, ECF No. 18, at which time New Case Documents were issued

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outlining the procedures to be followed to pursue the litigation in this court. ECF No. 19.

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The new Case Documents required the parties to meet and confer regarding the automatic

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discovery disclosures required by Federal Rule of Civil Procedure 26, and within 30 days after

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the Complaint was Answered, and to file a Joint Status Report 14 days thereafter. In light of the

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fact that the Answer had been filed months before, the logical interpretation of the direction found

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in the Order was that the actions required would be addressed within 30 days of the service of the

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Order. However, on August 16, 2016 – within the 30 day response required by the Order, a

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Substitution of Attorney Request was filed by defendant’s counsel. ECF No. 20. That Request

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was granted by an Order signed on August 19, 2016, identify Colleen R. Howard of the law firm

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of Porter Scott as the new attorney. ECF No. 21. No action has been taken by the parties to

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address the issues required by the August 9, 2016 Order served on all counsel. ECF No. 19.

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To assist the parties in meeting their obligations, the court is providing a copy of the

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foregoing order and accompanying documents with this Order.

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IT IS THEREFORE ORDERED THAT:

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1.

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The parties shall meet and confer about the Rule 26 automatic disclosures they will

each make within 30 days of the date of this Order, or by November 25, 2016;
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The parties shall submit a Joint Status Report addressing the subjects listed in 3(a)-

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(m) of that Order within 14 days of completing their meet and confer efforts and file it with court

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on or before December 9, 2016.

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3.

The parties shall also complete the consent form provided to them.

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4.

The Clerk of the Court shall serve a copy of ECF No. 19, and the court’s consent

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form together with this Oder.
IT IS SO ORDERED.
Dated: October 31, 2016
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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