McCoy v. United States of America

Filing 11

ORDER for Parties to Engage in Discovery Pursuant to Rule 26 of the Federal Rules of Civil Procedure. Signed by Judge Thelton E. Henderson on 11/05/2012. (Attachments: # 1 Certificate/Proof of Service)(tmi, COURT STAFF) (Filed on 11/6/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

No. C-12-3821 TEH (PR)

DANNY L. MCCOY,
Plaintiff,

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UNITED STATES OF AMERICA,

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ORDER FOR PARTIES TO ENGAGE IN
DISCOVERY PURSUANT TO RULE 26
OF THE FEDERAL RULES OF CIVIL
PROCEDURE

v.

Defendant.

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(Doc. #9)
/

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On October 9, 2012, Defendant United States of America
filed a status report in which it informed the Court that “it does
not believe this case can be resolved at this time by summary
judgment or other dispositive motion.”

Defendant indicates that

such a motion might be appropriate later in the case after it

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conducts further investigation and discovery.

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that the Court schedule a case management conference to set forth a

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discovery and a case management schedule.

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Defendant requests

The Court declines to set a case management conference in

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this pro se prisoner case.

Discovery may be taken in accordance

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with the Federal Rules of Civil Procedure.

No further court order

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is required before the parties may conduct discovery.

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Plaintiff’s information, the proper manner of promulgating discovery

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is to send demands for documents or interrogatories (questions

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asking for specific, factual responses) directly to Defendant’s

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counsel.

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limited to matters “relevant to the claim or defense of any party

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. . .”

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See Fed. R. Civ. P. 33-34.

For

The scope of discovery is

See Fed. R. Civ. P. 26(b)(1).
The parties are ordered to meet and confer to agree on

discovery and case management schedules to be submitted to the Court

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no later than thirty days from the date of this order.

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parties feel that this case may be settled without further

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discovery, they shall inform the Court of this and the Court will

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make efforts to arrange for a settlement conference.

If the

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IT IS SO ORDERED.

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DATED

11/05/2012
THELTON E. HENDERSON
United States District Judge

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G:\PRO-SE\TEH\CR.12\McCoy12-3821- discovery ord.wpd

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