Torres v. Saba et al

Filing 36

SCHEDULING ORDER (Illston, Susan) (Filed on 4/16/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARIO TORRES,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 16-cv-06607-SI
SCHEDULING ORDER

v.

Re: Dkt. No. 34
MIKE HANSEN, et al.,
Defendants.

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The order of service and partial dismissal stated: “Discovery may be taken in accordance

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with the Federal Rules of Civil Procedure. No further court order under Federal Rule of Civil

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Procedure 30(a)(2) or Local Rule 16 is required before the parties may conduct discovery.”

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Docket No. 21 at 12. Defendants now request an order under Rule 30(a)(2) permitting them to

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take plaintiff’s deposition in prison. Docket No. 34. The request is DENIED as unnecessary

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because the order of service and partial dismissal already gave them permission to take plaintiff’s

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deposition. The parties are reminded that they are expected to closely read the court’s orders and

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to comply with them.

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Defendants indicate they intend to file a motion for summary judgment, and request that a

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briefing schedule be set to allow the parties time to do discovery. Accordingly, the court now sets

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the following new briefing schedule for a motion for summary judgment: Defendants must file

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and serve their motion for summary judgment no later than August 10, 2018. Plaintiff must file

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and serve on defense counsel his opposition to the motion for summary judgment no later than

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September 7, 2018. Defendants must file and serve their reply brief (if any) no later than

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September 21, 2018.

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Defendants are reminded that any motion for summary judgment must be accompanied by

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a Rand notice in a separate document at the time they file their motion for summary judgment.

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See Woods v. Carey, 684 F.3d 934, 939 (9th Cir. 2012); Rand v. Rowland, 154 F.3d 952, 960 (9th

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Cir. 1998).

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IT IS SO ORDERED.
Dated: April 16, 2018
______________________________________
SUSAN ILLSTON
United States District Judge

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United States District Court
Northern District of California

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