Opinion
21-cv-1113-JLS-AGS
09-22-2021
Luis JACOBO, Plaintiff v. Rogelio HERNANDEZ, Nicholas Uhde, Christian Ayala, Defendants
ORDER REQUIRING JOINT DISCOVERY PLAN
Hon. Andrew G. Schopler United States Magistrate Judge
By October 13, 2021 , the parties must provide the Court with a Joint Discovery Plan (“the Plan”). The Plan must be filed on the CM/ECF system and lodged with Magistrate Judge Schopler by emailing it to efileSchopler@casd.uscourts.gov. Because defendants raised the issue of failure to exhaust, the Plan should offer a brief schedule to adjudicate that issue before moving on to general discovery. See Albino v. Baca, 747 F.3d 1162, 1170 (9th Cir. 2014) (“Exhaustion should be decided, if feasible, before reaching the merits of a prisoner's claim.”). The Plan must identify if good cause exists to modify the Court's tentative schedule of deadlines, which is as follows:
CASE MANAGEMENT SCHEDULE
Event
Deadline
Defense Counsel Receiving and Serving All Grievances on File at the Institution
November 12, 2021
Plaintiff's Deposition, not limited solely to issues of exhaustion
December 10, 2021
Any Motions Concerning Exhaustion or Requests for Albino Hearing
January 7, 2022
Motions to Amend
January 21, 2022
Expert Witness Designations and Disclosures
April 1, 2022
Rebuttal Expert Witness Designations and Disclosures
April 29, 2022
Fact Discovery Completion
May 25, 2022
Expert Discovery Completion
May 27, 2022
MSC Statements
June 10, 2022
Mandatory Settlement Conference
June 17, 2022, at 9:00 a.m.
Pretrial Motions June 24, 2022 Rule 26(a)(3) Disclosures
September 29, 2022
Meet and Confer on the PTO
October 6, 2022
Draft PTO to Defense Counsel
October 13, 2022
Lodge PTO
October 20, 2022
Final Pretrial Conference
October 27, 2022, at 1:30 p.m.