Paige v. Sauseda et al
Filing
50
ORDER ADOPTING 41 Findings and Recommendations on re: 1 Complaint filed by Jordan LeSean Paige, 6 Amended Complaint filed by Jordan LeSean Paige. It is, therefore, ORDERED that pursuant to Fed. R. Civ. P. l6(b), the Court establishes the foll owing schedule: All motions to join other parties and amend the pleadings must be filed by 3:00 p.m. on September 28, 2012. All other pretrial motions, including motions for summary judgment, must be filed, with supporting briefs, by 3:00 p.m. on October 26, 2012, and any response must be filed by 3:00 p.m. on November 26, 2012. All discovery must be completed by 3:00 p.m. on September 28, 2012. There shall be no further discovery without leave of the Court. All parties will be notified by separate order of the date of trial and the date for filing the proposed pretrial order. (Ordered by Judge Sam R Cummings on 6/29/2012) (lkw)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
LUBBOCK DIVISION
PAIGE,
1251073,
6688693,
JORDAN LESEAN
Institutional ID No.
SID No.
)
)
l)
Plaintiff,
)
)
v.
LT. RUDOLFO SAUSEDA, JR, et al.,
Defendants.
)
)
CIVIL ACTION NO.
5:10-CV-00054-C
)
)
ECF
)
ORDER
Plaintiff Jordan LeSean Paige, acting pro se, filed a civil rights complaint pursuant to 42
U.S.C. $ 19S3 against Defendants Lt. Rudolfo Sauseda, Jr., Sgt. Ruben R. Rodriguez, Sg1. Emiliano
J. Gonzales, Richard Gary, Jr., and Daniel Ramirez, in both their individual and official capacities,
for alleged violations of his constitutional rights when he was incarcerated in the Texas Department
of Criminal Justice, Correctional
Institutions Division Preston Smith
Unit.
Plaintiff
was
subsequently granted permission to proceed in forma pauperis. Plaintiff specifically alleges the
named defendants (1) used excessive force against him on October 10,2009, in violation of the
Eighth Amendment's prohibition against cruel and unusual punishment and (2) harassed, threatened,
and "hazed"
him in retaliation for his pursuit of administrative and legal remedies regarding the
incidents on October 10,2009, in violation of the First Amendment. Plaintiff seeks only injunctive
relief.
The complaint was transferred to the docket of the United States Magistrate Judge, who
ordered authenticated copies of Plaintifls prison records that were relevant to his complaint and
conducted a hearing pursuant to Spears v. McCotter, 7 66
F
.2d 179,
I 8 1 -82
(5th Cir. I 985), on
September 16,2010. Plaintiff appeared at the hearing and testified under oath.
The Defendants filed an Answer and Jury Demand on February 14,2011.
The Magistrate Judge filed aReportand Recommendation on July 7,2011, and Plaintiff filed
a
response, which suggested that several factual corrections be made
to the Report and
Recommendation.
This Court has made an independent examination of the pleadings and the record in this case
and finds that the Magistrate Judge's Report and Recommendation should be ADOPTED.
It is, therefore, ORDERED that pursuant to Fed. R. Civ. P. l6(b), the Court establishes the
following schedule:
(l)
All motions to join other parties and amend the pleadings must be filed by
3:00 p.m. on September 28,2012.
(2)
All other pretrial motions, including motions for summary judgment, must
be filed, with supporting briefs, by 3:00 p.m. on October 26,2012, and any
response must be filed by 3:00 p.m. on November 26,2012.
(3)
All discovery
must be completed by 3:00 p.m. on September 28, 2012, as
follows:
(a)
Defendant(s) shall disclose to Plaintiff all records of the incidents
forming the basis of Plaintiffs complaint, which records shall
include, but shall not be limited to the following:
(i)
Plaintiff
s medical records pertaining to the incidents made
Plaintiff s complaint, which medical records shall
Plaintiff s records from any TDCJ unit at which he
include
received medical examinations or treatment pertaining to
Plaintiff s claims.
the basis of
(ii)
Plaintiffls grievances filed for the six-month period
surrounding the incident date(s).
(b)
All parties shall disclose the following:
(i)
The name and, if known, the address or employment
station of each person likely to have information that
bears significantly on any claim or defense.
(iD
As to each person named in response to paragraph
(3)(bxi) above, a brief summary of the substance of
the information known by the person.
There shall be no further discovery without leave of the Court.
(4)
All parties will be notified by separate order of the date of trial and
date for
(s)
DATED
the
filing the proposed pretrial order.
Counsel and unrepresented parties are referred to the Local Rules of the
Northern District of Texas, the Civil Justice Cost and Delay Reduction Plan of
the Northern District of Texas. and the Local Rules of this Court.
trr" A1
,20t2.
R.C
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