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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Plaintiff,

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BRAD SMITH, et al.,
Defendants.

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For the Northern District of California

United States District Court

SCHEDULING ORDER

v.

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Case No. 13-cv-01227-EMC

DEWEY TERRY,

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A telephonic case management conference was held in this action on January 14, 2016.

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This order confirms – and supersedes, if different from – the deadlines set at the case management

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conference.

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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,

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2016. The parties are reminded that discovery requests are not to be filed with the court when

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they are served on the opposing parties. See Fed. R. Civ. P. 5(d)(1).

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b.

Any motion to compel must be filed and served no later than March 31,

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2016. If a motion to compel is filed, the opposition must be filed and served no later than

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fourteen days after the motion is filed, and the reply must be filed and served no later than seven

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days after the opposition is filed. The parties are cautioned that the court will not entertain any

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motion to compel unless the parties have made a good faith effort to meet and confer to resolve

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their discovery disputes before the motion is filed. Due to Plaintiff’s imprisonment, the parties

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may meet-and-confer by telephone or by letter, rather than in-person.

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c.

All discovery, including depositions, must be completed by April 15, 2015.

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d.

The Clerk will mail to Plaintiff two blank document subpoenas for

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Plaintiff’s use. If Plaintiff wants to subpoena records from a nonparty, he must promptly fill out

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the subpoena and return it to the Clerk with a request that it be entered and served. Plaintiff may

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obtain documents from parties by requesting production of documents, see Fed. R. Civ. P. 34.

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3.

Defendants have indicated an intent to file a motion for summary judgment.
a.

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Defendants must file and serve their motion for summary judgment no later

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than May 7, 2016. Plaintiff must file and serve his opposition to the motion for summary

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judgment no later than June 2, 2016. Defendants must file and serve their reply brief, if any, no

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later than June 16, 2016.
b.

Defendants must provide a new Rand notice to Plaintiff at the time they file

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For the Northern District of California

United States District Court

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their motion for summary judgment. Plaintiff also is encouraged to read the information about

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summary judgment motions provided in the order of service. It may be that two motions for

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summary judgment are filed, due to Defendants being represented by two different attorneys. If

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separate motions are filed, Plaintiff should file separate oppositions, so that it is clearer which

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argument applies to which motion. If a defense motion for summary judgment cites fifteen or

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more cases, Defendants must mail to Plaintiff a copy of every case cited in that motion at the time

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they serve the motion on Plaintiff.

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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

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Defendant Young. He erred. Plaintiff made a request for entry of default (Docket # 37), and the

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Clerk declined to enter default on October 28, 2014 (Docket # 38).

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IT IS SO ORDERED.

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Dated: January 15, 2016
______________________________________
EDWARD M. CHEN
United States District Judge
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