Wheeler v. Dayton Police Department et al

Filing 10

ORDER FOR PRELIMINARY PRE-TRIAL CONFERENCE: Telephone Conference set for 12/20/2013 at 2:00 PM before Magistrate Judge Michael J Newman. Pro se Plaintiff and counsel for Defendant are directed to call 1-877-336-1839, enter access code 2725365 and security code 122013, and wait for the Court to join the conference. Signed by Magistrate Judge Michael J Newman on 11/7/13. (cib1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON

ERIC D. WHEELER,

Case No. 3:13-CV-300

Plaintiff,
District Judge Thomas M. Rose
Magistrate Judge Michael J. Newman

vs.
DAYTON POLICE DEPARTMENT, et al.,
Defendants.

ORDER FOR PRELIMINARY PRE-TRIAL CONFERENCE

This pro se case was referred to the undersigned U.S. Magistrate Judge under 28 U.S.C.
§ 636(b). See General Order No. Day 12-03: Assignment and Reference to Magistrate Judges
(eff. May 15, 2012). Accordingly, the undersigned, pursuant to Fed. R. Civ. P. 16, hereby
schedules the preliminary pre-trial conference in this case for Friday, December 20, 2013 at
2:00 p.m. Pro se Plaintiff and counsel for Defendant are directed to call 1-877-336-1839, enter
access code 2725365 and security code 122013, and wait for the Court to join the conference.
If the above-listed date or time conflicts with a previously set matter in another court,
counsel with the conflict may obtain a continuance by filing a motion that includes alternative
dates on which all parties will be available.
Under Fed. R. Civ. P. 26, all parties to this case are required to: (1) make Initial
Disclosures as required by Rule 26(a); and (2) confer with the other parties to plan discovery
under Rule 26(f). Because Plaintiff is a pro se litigant, Defendants’ counsel is directed to initiate
the telephone call to Plaintiff to plan discovery under Rule 26(f).

The discovery conference must be held at least twenty-one days before the pre-trial
conference with the Court. See Fed. R. Civ. P. 26(f). Not later than fourteen days after the
discovery conference, the parties must submit the “Rule 26(f) Report of the Parties” to the Court
in the form shown on the Court’s website. Unless otherwise agreed in the Rule 26(f) Report, the
parties must make the disclosures required by Fed. R. Civ. P. 26(a)(1) not later than fourteen
days after the discovery conference. Rule 26(a)(1) Initial Disclosures are NOT to be filed
with the Court. It is only necessary to file the Rule 26(f) Report of the Parties within the
required time.
Plaintiff, as a pro se litigant without access to the Court’s electronic filing system, is
reminded that all documents filed with the Court must be contemporaneously mailed to the
counsel for Defendants, and must include a Certificate of Service indicating the date on which
the document was mailed. Plaintiff is also ordered to inform the Court and opposing counsel,
immediately and in writing, of any changes to his mailing address and/or telephone number. A
failure to do so may be cause for the Court to dismiss this case for Plaintiff’s lack of prosecution.
The Courts’ website (www.ohsd.uscourts.gov) contains copies of the Court’s Local
Rules, applicable General Orders, and the form for the Rule 26(f) Report of the Parties. If you do
not have the ability to access the website, please contact the Clerk’s Office at [phone].

November 7, 2013

s/ Michael J. Newman
United States Magistrate Judge

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