Murschel v. Paramo et al

Filing 74

ORDER Requiring Joint Discovery Plan. Joint Discovery Plan due 11/17/2020. Signed by Magistrate Judge Andrew G. Schopler on 10/20/20.(All non-registered users served via U.S. Mail Service)(jmo)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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Lance MURSCHEL,

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Case No.: 17-cv-1142-BTM-AGS
Plaintiff,

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v.

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ORDER REQUIRING JOINT
DISCOVERY PLAN

Daniel PARAMO, et al.,

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Defendants.

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By November 17, 2020, the parties must provide the Court with a Joint Discovery

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Plan. The JDP must be filed on the CM/ECF system and lodged with Magistrate Judge

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Schopler by emailing it to [e-mail]. Because defendants raised

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the issue of failure to exhaust, the Plan should offer a brief schedule to adjudicate that issue

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before moving on to general discovery. See Albino v. Baca, 747 F.3d 1162, 1170 (9th Cir.

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2014) (“Exhaustion should be decided, if feasible, before reaching the merits of a prisoner’s

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claim.”). The JDP must identify if good cause exists to modify the Court’s tentative

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schedule of deadlines, which is as follows:

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17-cv-1142-BTM-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

December 8, 2020

April 30, 2021

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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

June 25, 2021

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MSC Briefs

July 2, 2021

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Deadline

By January 15, 2021
January 29, 2021

February 16, 2021

May 28, 2021
June 25, 2021

Mandatory Settlement Conference July 9, 2021, at 9:00 a.m.
Pretrial Motions

July 26, 2021

Rule 26(a)(3) Disclosures

October 1, 2021

Meet and Confer on the PTO

October 8, 2021

Draft PTO to Defense Counsel

October 15, 2021

Lodge PTO

October 22, 2021

Final Pretrial Conference

October 29, 2021, 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-1142-BTM-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: October 20, 2020

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17-cv-1142-BTM-AGS