Schultz v. Cousins et al

Filing 34

Judge Mark L. Wolf: ORDER entered. (Attachments: # 1 Scheduling Order)(MacDonald, Gail)

UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS

JASON J. SCHULTZ,
Plaintiff,

v.

C.A. No.

12-10340-MLW

MICHAEL MARKS, FRANK J.
COUSINS, SEAN WALDRON, ESSEX
COUNTY SHERIFF'S OFFICE,
Defendants.
ORDER
WOLF, D.J.

February 2, 2014

Defendants have filed a Motion for Clarification of Court's
Memorandum and Order Dated March 13, 2013.
Order,

the court:

In that Memorandum and

denied plaintif f' s motion for

appointment of

counsel; allowed plaintiff's motion to amend the complaint; denied
without prejudice plaintiff's Petition for Writ of Habeas Corpus Ad
Testificandum;
scheduling

denied

order,

two

which

other motions
ordered

amended complaint by April 19,

as moot;

defendants

2013.

to

See Mar.

and

respond
13,

issued a
to

the

2013 Memo.

&

Order at 7; Mar. 13, 2013 Scheduling Order at 1.
In the Motion for Clarification, defendants ask whether the
Amended Complaint attached to the Motion to Amend, both of which
are Docket No. 21, should be deemed filed.

This should have been

evident as the court ordered a response to the Amended Complaint be
filed by April 19, 2013.
the

Amended

Complaint

operative complaint.

However, the court hereby confirms that
which

is

part

of

Docket

No.

21

is

the

In addition, as defendants note, the March

13, 2013 Order, in paragraph 5, erroneously states that the Motion
to Amend being allowed was Docket No. 17 rather than Docket No. 21.
In view of the foregoing, it is hereby ORDERED that:
1.
2.

Plaintiff's Motion to Amend (Docket No. 21)
The parties

is ALLOWED.

shall comply with the attached Scheduling

Order.

~c.~..e~~
\J

UNITED STATES DISTRICT JUDGE

2

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
Jason J. Schultz
Plaintiff(s)

v.

CIVIL ACTION
NO.
12-10340

Sheriff Frank G. Cousins, Jr., et al.

Defendant(s)

SCHEDULING ORDER
WOLF, D.J.
This case is governed procedurally by the 1992 Amendments to
the Local Rules of the United States District Court for the
District of Massachusetts (the "Local Rules"), which implement the
District's Civil Justice Expense and Delay Reduction Plan. Counsel
must, therefore, comply with the relevant Local Rules in the
litigation of this case.
It is hereby ORDERED pursuant to Fed.
Local Rule 16(f) that:

R.

Civ.

P.

16(b)

and

[x] 1.
Defendants shall respond to the Amended Complaint by
2/24/2014
[]
2.
Any proposed party who has not yet been served shall be
served by
N/A
Counsel shall within 14 days
thereafter file a return of service or a statement that service has
not been accomplished and that the claims against the previously
named proposed party shall be dismissed without prejudice.
[]
3.
Any Motion to Amend the pleadings, or any Motion to File
N/A
, and
additional pleadings, shall be filed by
responses shall be filed as required by the applicable provisions
of the Federal Rules of Civil Procedure.
[x]
4.
The parties shall by
3/21/2014
make the
automatic document disclosure required by Federal Rules of Civil
Procedure 26(a) (1) and Local Rule 26.2(A) and, if applicable,
disclose the information required by Local Rule 35.1
[x]
5.
The parties shall by
3/21/2014
make the
disclosure authorized by Federal Rules of Civil Procedure 26(a) (1)
and Local Rule 26.1 (b) (1) and (2).

[]
6.
All dispositive motions except motions for summary
judgment shall be filed by
N/A
and responses shall
be filed fourteen days thereafter pursuant to Local Rule 7.1.
[]

7.

Discovery shall initially be limited to the issuers) of
N/A
, and
shall be complete by
~N~/~A~
_
[x]
8.
The parties shall meet at least once to explore the
possibility of settlement and report to the court by
6/30/2014
the status and prospects for settlement.
If the case is not settled, the parties shall report whether
they wish to participate in mediation to be conducted by a
magistrate judge or attorney on the Court's panel of mediators.
[]
9.
A settlement conference, which must be attended by trial
counsel with full settlement authority or with their clients, shall
be held on
N/A
, at
[]
10. A status and case management conference will be held by
Magistrate Judge
N/A
on a date to be scheduled by him
in
[x]
11.
Plaintiff (s)
and/or
Counterclaim
or
Third
Party
Plaintiff(s) shall by
9/31/2014
designate experts and
disclose the information described in Fed. R. Civ. P. 26(a) (2),
concerning each expert.
Each other party shall by
11/20/2014
designate expert(s) and disclose the information described in Fed.
R. Civ. P. 26(a) (2).
[x]

12.

1/31/2015
All discovery shall be complete by__~~~~~~ __

[x]
13. Counsel for the parties shall confer and, by 2/23/2015 ,
file a report as to the prospects for settlement and whether either
party feels there is a proper basis for filing a motion for summary
judgment.
[x]

14. A scheduling conference will be held on
3/6/2015
at
3: 00 p. m
and must be attended by trial counsel with full
settlement authority or with their client (s). If appropriate, a
schedule for filing motions for summary judgment will be
established at this conference.
[]
15. A final pretrial conference
at
and must be attended
settlement authority or with their
prepared to commence trial as of the
2

will be held on
N/A
by trial counsel with full
client.
Counsel shall be
date of the final pretrial

conference.
16.

Trial shall commence on_ _-..::N.:..J.!.....oA~

_

[]
17.
This case is hereby referred to Magistrate Judge N!A
for all pretrial proceedings, including reports and recommendations
concerning any dispositive motions.
All provisions and deadlines contained in this Order having
been established with the participation of the parties to this
case, any requests for modification must be presented to the judge
or magistrate judge, if referred for case management proceedings.
Any requests for extension will be granted only for good cause
shown supported by affidavits, other evidentiary materials, or
reference to pertinent portions of the record.
The request shall
be made by motion and shall contain the reasons for the request, a
summary of the discovery which remains to be taken, and a date
certain when the requesting party will complete the additional
discovery.
Counsel are encouraged to seek an early resolution of this
matter. Additional case management conferences may be scheduled by
the Court or upon the request of counsel.

By the Court,
DANIEL HOHLER

2/J/2014

Deputy Clerk

Date

3