Opinion
21-cv-862-MMA-AGS
11-22-2021
Jordan SPRINGS, Plaintiff, v. R. RABER, Defendants.
ORDER REQUIRING JOINT DISCOVERY PLAN
Hon. Andrew G. Schopler United States Magistrate Judge
By December 23, 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 efile_Schopler@casd.uscourts.gov. Because defendant 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 | January 7, 2022 |
| Plaintiff's Deposition, not limited solely to issues of exhaustion | February 4, 2022 |
| Any Motions Concerning Exhaustion or Requests for Albino Hearing | February 18, 2022 |
| Motions to Amend March 4, 2022 Expert Witness Designations and Disclosures | May 27, 2022 |
| Rebuttal Expert Witness Designations and Disclosures | July 1, 2022 |
| Fact Discovery Completion July 29, 2022 Expert Discovery Completion | July 29, 2022 |
| MSC Statements August 1, 2022 Mandatory Settlement Conference | August 10, 2022, at 9:00 a.m. |
| Pretrial Motions August 26, 2022 Rule 26(a)(3) Disclosures | December 9, 2022 |
| Meet and Confer on the PTO December 16, 2022 Draft PTO to Defense Counsel | December 23, 2022 |
| Lodge PTO | December 30, 2022 |
| Final Pretrial Conference | January 9, 2023, at 2:30 p.m. |