Dickey v. Mendoza et al

Filing 45

ORDER Requiring Joint Discovery Plan. Joint Discovery Plan due 3/16/2018. Signed by Magistrate Judge Andrew G. Schopler on 02/13/2018.(All non-registered users served via U.S. Mail Service)(ajs)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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Gary DICKEY,

Case No.: 17-cv-0206-WQH-AGS
Plaintiff,

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v.

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ORDER REQUIRING JOINT
DISCOVERY PLAN

Gilbert MENDOZA, et al.,

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Defendants.

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The parties are ordered to provide a Joint Discovery Plan by March 16, 2018. The

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Joint Discovery Plan must be filed on the CM/ECF system as well as lodged with

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Magistrate Judge Schopler by emailing the Plan to [e-mail]. If

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the Plan with its attachments exceeds 20 pages, a courtesy paper copy of the Plan must be

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delivered to Judge Schopler’s Chambers. Because the parties addressed the issue of failure

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to exhaust, the Plan should offer a brief schedule to adjudicate that issue before moving on

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to general discovery. See Albino v. Baca, 747 F.3d 1162, 1170 (9th Cir. 2014) (“Exhaustion

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should be decided, if feasible, before reaching the merits of a prisoner’s claim.”). The Plan

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must identify whether and what good cause exists to modify the Court’s tentative schedule

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of deadlines and limitations, which is as follows:

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17-cv-0206-WQH-AGS

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Event

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Defense Counsel Receiving and
Serving All Grievances on File at
the Institution
Plaintiff’s Deposition, not limited
solely to issues of exhaustion
Any Motions Concerning
Exhaustion or Requests for
Albino Hearing
Motions to Amend

March 23, 2018

July 9, 2018

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Expert Witness Designations and
Disclosures
Rebuttal Expert Witness
Designations and Disclosures
Expert Discovery Completion

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Fact Discovery Completion

September 7, 2018

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MSC Briefs

September 14, 2018

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Deadline

By April 6, 2018
April 20, 2018

May 4, 2018

August 10, 2018
September 7, 2018

Mandatory Settlement Conference September 21, 2018, at 2:00 p.m.
Pretrial Motions

October 8, 2018

Rule 26(a)(3) Disclosures

January 11, 2019

Meet and Confer on the PTO

January 18, 2019

Draft PTO to Defense Counsel

January 25, 2019

Lodge PTO

February 1, 2019

Final Pretrial Conference

February 8, 2019, at 11:00 a.m.

Discovery Type

Restriction

Depositions

No more than 4

Requests for Admission

No more than 15

Interrogatories

No more than 15

Requests to Produce Documents

No more than 15

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17-cv-0206-WQH-AGS

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Defense counsel is responsible for contacting plaintiff to prepare the joint discovery plan

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and, should plaintiff be incarcerated at the relevant time, for ensuring plaintiff’s

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participation in any telephonic or in-person hearings.

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Dated: February 13, 2018

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17-cv-0206-WQH-AGS