Johnson v. Gentry et al

Filing 55

ORDER denying 53 Motion; Discovery due by 6/3/2020. Motions due by 7/3/2020. Proposed Joint Pretrial Order due by 8/3/2020. Signed by Magistrate Judge Elayna J. Youchah on 2/4/2020. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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LAUSTEVEION JOHNSON,

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Case No. 2:17-CV-01671-APG-EJY

Plaintiff,
SCHEDULING ORDER

v.
GENTRY F. DREESEN, et al.,

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Defendants.

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Before the Court is Plaintiff’s Request to Conduct Discovery or Scheduling Order (ECF No.

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53). Pursuant to Local Rule 16-1(b), “in actions by or on behalf of inmates under 42 U.S.C. § 1983

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... no discovery plan is required,” rather “a scheduling order [is] entered within thirty (30) days after

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the first defendant answers or otherwise appears.” This is an action brought under 42 U.S.C. § 1983.

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Defendants have appeared and a scheduling order has not yet been entered.

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Additionally, Fed. R. Civ. P. 26(f)(1) states parties that are exempted from initial disclosures

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under Fed. R. Civ. P. 26(a)(1)(B) are exempted from Fed. R. Civ. P. 26(f)’s discovery conference

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requirements. See Fed. R. Civ. P. 26(f)(1). Fed. R. Civ. P. 26(a)(1)(B) exempts actions “brought

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without an attorney by a person in the custody of the United States, a state, or a state subdivision.”

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Here, Plaintiff is incarcerated and does not have an attorney. Accordingly, LR. 16-1 and Fed. R.

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Civ. P. 26 exempts the parties from providing a discovery plan and scheduling order. Therefore,

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this Court is required to enter the standard inmate discovery plan and scheduling order.

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Accordingly, and for good cause shown,

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IT IS HEREBY ORDERED that Plaintiff’s Request to Conduct Discovery or Scheduling

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Order (ECF NO. 53) is DENIED as moot and the following scheduling deadlines apply.
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DISCOVERY: Pursuant to LR 16-1(b), discovery in this action shall be completed

on or before June 3, 2020.

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2.

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

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additional parties under Fed. R. Civ. P. 19 and 20, shall be filed and served no later than March 5,

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2020.

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contemporaneously therewith cause a copy of this Order to be served upon the new party or parties.

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Any party causing additional parties to be joined or brought into this action shall

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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 15-1 and shall

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be filed and served not later than March 5, 2020.

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4.

Expert disclosures shall be made on or before April 6, 2020, and the disclosures of

rebuttal experts shall be made on or before May 6, 2020.

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5.

Dispositive Motions shall be filed and served no later than July 3, 2020.

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6.

The Joint Pretrial Order is due by August 3, 2020. If dispositive motions are filed,

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the joint pretrial order is due thirty (30) days from the entry of the court’s rulings on the motions or

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by further order of the court.

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The Interim Status Report must be filed or before April 6, 2020.

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8.

EXTENSIONS OF DISCOVERY:

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 or stipulations

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to extend discovery shall be received by the Court at least twenty-one (21) days prior to the date

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fixed for completion of discovery by this Scheduling Order, or at least twenty-one (21) days prior to

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the expiration of any extension thereof that may have been approved by the Court. The motion or

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stipulation shall include:

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(a)

A statement specifying the discovery completed by the parties of the date of

the motion or stipulation;
(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
(d)

A proposed schedule for the completion of all remaining discovery.

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DATED: February 4, 2020

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ELAYNA J. YOUCHAH
UNITED STATES MAGISTRATE JUDGE

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