Gibson v. SDCC et al

Filing 29

ORDER Denying Plaintiff's 28 Motion for Telephonic Status Conference. Defendant Parker's request for a 60-day extension of the stay is Denied. Discovery due by 7/8/2015. Motions due by 8/7/2015. Proposed Joint Pretrial Order due by 9/7/2015. Signed by Magistrate Judge Peggy A. Leen on 4/9/2015. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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DAMIEN JERMAINE GIBSON,

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Case No. 2:13-cv-01379-RFB-PAL
Plaintiff,

ORDER
(Mot for Telephonic Conf Hrng – Dkt. #28)

v.

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and
SCHEDULING ORDER FOR CIVIL RIGHTS
Defendants.
ACTIONS FILED BY INCARCERATED
PRO SE PLAINTIFFS

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This matter is before the court on Status Report (Dkt. #25) filed by Deputy Attorney

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General Jared Frost who has made an appearance on behalf of the only remaining Defendant,

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Aaron Parker, a former employee of the Nevada Department of Corrections. Also before the

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court is a Motion for Telephonic Conference Hearing (Dkt. #28) filed by the Plaintiff, who is a

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prisoner appearing pro se, i.e.¸ representing himself.

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SDCC, et al.,

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This case was reassigned to Deputy Attorney General Jared Frost on January 26, 2015.

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Counsel reviewed the case and docket and observed that Plaintiff had filed proof of serving

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Parker in July 2014. As a result, counsel contacted Mr. Parker and learned that Parker had not

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received the information needed to request representation from the Attorney General’s Office.

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The appropriate paperwork was provided to Parker and returned with a written request for

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representation on March 12, 2015. The Attorney General’s office filed a notice of appearance on

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behalf of Parker on March 16, 2015. The status report is supported by an attached declaration of

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counsel which indicates that now that Parker has made an appearance, he welcomes the

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opportunity to explore the possibility of settlement through informal discussions consistent with

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the court’s prior order staying this case for 90 days for that purpose. Defense counsel requests a

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60 day extension of the stay previously entered to allow the parties to attempt to resolve this

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case.

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Mr. Gibson requests a telephonic status hearing to hear oral argument from the parties on

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the issue of whether the stay should be extended. Plaintiff filed an Opposition (Dkt. #26) to the

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request for a 60-day extension. His opposition argues that Parker was served July 8, 2014,

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through the U.S. Marshal Service. When Parker did not timely appear, Plaintiff sent an affidavit

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and motion for entry of clerk’s default to the clerk’s office and the Attorney General’s Office on

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September 7, 2014. Plaintiff argues that the failure of the Attorney General to appear until

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March 16, 2015, is a denial of his due process and equal protection rights under the Fourteenth

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and Fifth Amendments. The Attorney General has still not responded to his motion for default

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judgment. Plaintiff appears to be concerned that further delay will prejudice him because of

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statute of limitations concerns.
On April 2, 2015, the Attorney General’s Office filed an answer to the complaint on

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behalf of Parker.

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Having reviewed and considered the matters, the court will deny Parker’s request for a

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further stay of this action, and Plaintiff’s request for a telephonic status conference. Given the

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substantial delay that has occurred due to no fault of the Plaintiff, the court will enter a standard

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prisoner scheduling order so that discovery may be completed and this case prepared for

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resolution in a timely fashion. The court encourages the parties to attempt to resolve this matter

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informally, but will not stay this case any further for this purpose.

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IT IS ORDERED that:

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1. Plaintiff’s Request for a Telephonic Status Conference (Dkt. #28) is DENIED.

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2. Defendant Parker’s request for a 60-day extension of the stay is DENIED.

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3. Any and all pleadings that may be brought under Fed. R. Civ. P. 13 & 14, or joining

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additional parties under Fed. R. Civ. P. 19 & 20, shall be filed within sixty (60) days

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from the date of this Order, or by June 8, 2015. Any party causing additional parties

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to be joined or brought into this action shall contemporaneously therewith cause a

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copy of this Order to be served upon the new party or parties.

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4. Amendments to pleadings as provided for under Fed. R. Civ. P. 15, if the same are

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allowed without leave of Court, or motions for leave to amend, shall comply with LR

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15-1 and shall be filed and served within sixty (60) days from the date of this Order,

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which is June 8, 2015.
5. DISCOVERY:

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a. Pursuant to LR 16-1(b), discovery in this action shall be completed on or before

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ninety (90) days from the date of this Order, which is July 8, 2015.

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b. Pursuant to Fed. R. Civ. P. 33(a)(1), unless otherwise stipulated or ordered by the

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court, a party may serve on any other party no more than twenty-five (25) written

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interrogatories, including discreet subparts.

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c. Pursuant to LR 26-8, unless otherwise ordered by the Court, written discovery,

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including responses thereto, certificates of service pertaining thereto and

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deposition transcripts, shall not be filed with the Court. Originals of responses to

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written discovery requests shall be served on the party who served the discovery

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request and that party shall make such originals available at the pretrial hearing, at

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trial, or on order of the Court. Likewise the deposing party shall make the

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original transcript of a deposition available at any pretrial hearing, at trial, or on

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order of the Court.
6. EXTENSIONS OF DISCOVERY:

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Pursuant to LR 26-4, an extension of the

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discovery deadline will not be allowed without a showing of good cause. All motions

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or stipulations to extend discovery shall be received by the Court at least twenty (20)

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days prior to the expiration of any extension thereof that may have been approved by

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the Court. The motion or stipulation shall include:
a. A statement specifying the discovery completed by the parties as of the date

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of the motion or stipulation;

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b. A specific description of the discovery which remains to be completed;

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c. The reasons why such remaining discovery was not completed within the time
limit of the existing discovery deadline; and

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d. A proposed schedule for the completion of all remaining discovery.

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7. Any discovery motions shall be filed and served no later than one hundred five (105)

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days from the date of this Order, which is July 23, 2015.

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8. Motions for summary judgment shall comply with the requirements of LR 56-1 and

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shall be filed and served no later than thirty (30) days after the close of discovery,

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i.e., by August 7, 2015.

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9. No motion filed beyond the time limit fixed by this Scheduling Order shall be

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considered by the court unless the court grants an exception for good cause shown.

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10. In the event that the Federal Rules of Civil Procedure provide for any shorter time

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periods for the filing of motions or pleadings, said shorter time limits shall apply

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notwithstanding the time limits set forth in this Scheduling Order. Pursuant to the

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authority given to the court in Fed. R. Civ. P. 16(b), motions for summary judgment

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under Fed. R. Civ. P. 56, must be filed no later than the time provided in paragraph 8

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of this order.

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11. PRETRIAL: Pursuant to LR 16-3(a), the parties shall file a Joint Pretrial Order

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thirty (30) days past the date for filing motions for summary judgment or by

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September 7, 2015. In the event dispositive motions are filed, the date for filing the

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joint pretrial order shall be suspended until thirty (30) days after a decision of the

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dispositive motions or until further order of the court.

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12. Any party who desires an amendment to this Scheduling Order shall, within sixty

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(60) days hereof or by June 8, 2015, file and serve a statement of proposed

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amendments and the reasons therefor. Each other party shall then have fourteen (14)

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days within which to file and serve a response thereto. After expiration of the sixty-

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day period, any amendment of this Scheduling Order shall be granted only upon

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motion and good cause shown.
13. In all circumstances where a party or counsel is required to effect service hereunder, a

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certificate of such service shall be filed forthwith with the Clerk of Court.

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DATED this 9th day of April, 2015.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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