Terry v. Smith et al

Filing 84

ORDER - Scheduling Order. Signed by Judge Edward M. Chen on 1/15/2016. (Attachments: # 1 Exhibit Blank Subpoena Forms, # 2 Certificate/Proof of Service). (emcsec, COURT STAFF) (Filed on 1/15/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 Plaintiff, 8 BRAD SMITH, et al., Defendants. 11 12 For the Northern District of California United States District Court SCHEDULING ORDER v. 9 10 Case No. 13-cv-01227-EMC DEWEY TERRY, 13 A telephonic case management conference was held in this action on January 14, 2016. 14 This order confirms – and supersedes, if different from – the deadlines set at the case management 15 conference. 16 17 18 19 1. Defendants must file an answer to Plaintiff’s amended complaint no later than thirty days from the date of this order. 2. A brief period will be provided for the parties to conclude their discovery. a. Any written discovery requests must be served no later than February 19, 20 2016. The parties are reminded that discovery requests are not to be filed with the court when 21 they are served on the opposing parties. See Fed. R. Civ. P. 5(d)(1). 22 b. Any motion to compel must be filed and served no later than March 31, 23 2016. If a motion to compel is filed, the opposition must be filed and served no later than 24 fourteen days after the motion is filed, and the reply must be filed and served no later than seven 25 days after the opposition is filed. The parties are cautioned that the court will not entertain any 26 motion to compel unless the parties have made a good faith effort to meet and confer to resolve 27 their discovery disputes before the motion is filed. Due to Plaintiff’s imprisonment, the parties 28 may meet-and-confer by telephone or by letter, rather than in-person. 1 c. All discovery, including depositions, must be completed by April 15, 2015. 2 d. The Clerk will mail to Plaintiff two blank document subpoenas for 3 Plaintiff’s use. If Plaintiff wants to subpoena records from a nonparty, he must promptly fill out 4 the subpoena and return it to the Clerk with a request that it be entered and served. Plaintiff may 5 obtain documents from parties by requesting production of documents, see Fed. R. Civ. P. 34. 6 3. Defendants have indicated an intent to file a motion for summary judgment. a. 7 Defendants must file and serve their motion for summary judgment no later 8 than May 7, 2016. Plaintiff must file and serve his opposition to the motion for summary 9 judgment no later than June 2, 2016. Defendants must file and serve their reply brief, if any, no 10 later than June 16, 2016. b. Defendants must provide a new Rand notice to Plaintiff at the time they file 12 For the Northern District of California United States District Court 11 their motion for summary judgment. Plaintiff also is encouraged to read the information about 13 summary judgment motions provided in the order of service. It may be that two motions for 14 summary judgment are filed, due to Defendants being represented by two different attorneys. If 15 separate motions are filed, Plaintiff should file separate oppositions, so that it is clearer which 16 argument applies to which motion. If a defense motion for summary judgment cites fifteen or 17 more cases, Defendants must mail to Plaintiff a copy of every case cited in that motion at the time 18 they serve the motion on Plaintiff. 19 20 21 4. The Court did not set a trial date at the case management conference. If a trial is necessary, the Court will set one at a later date, possibly in November or December. 5. Plaintiff indicated that he thought there was a pending request for default against 22 Defendant Young. He erred. Plaintiff made a request for entry of default (Docket # 37), and the 23 Clerk declined to enter default on October 28, 2014 (Docket # 38). 24 IT IS SO ORDERED. 25 26 27 28 Dated: January 15, 2016 ______________________________________ EDWARD M. CHEN United States District Judge 2

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