Opinion
No. CIV S-10-0373 GEB CKD P
10-17-2011
LARRY W. KIRK. Plaintiff, v. T. RICHARDS, Defendant.
SCHEDULING ORDER
Defendant's motion for summary judgment in this matter has been resolved pursuant to order filed September 30, 2011. Good cause appearing, the court will, by this order, set a further schedule for this litigation.
Discovery is reopened, and the parties may conduct discovery until January 27, 2012. The pretrial motion deadline is reopened, and all pretrial motions, except motions to compel discovery, shall be filed on or before April 27, 2012. Pretrial and jury trial dates will be reset following adjudication of any dispositive motions.
Good cause appearing, IT IS HEREBY ORDERED that:
1. Discovery requests shall be served by the party seeking the discovery on all parties to the action. Discovery requests shall not be filed with the court except when required by Local Rules 250.1, 250.2, 250.3 and 250.4.
If an attorney has filed a document with the court on behalf of any defendant, then plaintiff must serve documents on that attorney and not on the defendant. See Fed. R. Civ. P. 5(b).
2. Responses to written discovery requests shall be due forty-five days after the request is served.
3. The parties are cautioned that filing of discovery requests or responses, except as required by rule of court, may result in an order of sanctions, including, but not limited to, a recommendation that the action be dismissed or the answer stricken.
4. Pursuant to Federal Rule of Civil Procedure 30(a), defendants may depose plaintiff and any other witness confined in a prison upon condition that, at least fourteen days before such a deposition, defendants serve all parties with the notice required by Fed. R. Civ. P. 30(b)(1).
5. If disputes arise about the parties' obligations to respond to requests for discovery, the parties shall comply with all pertinent rules including Rules 5, 7, 11, 26, and 37 of the Federal Rules of Civil Procedure and Rules 134, 135, 130, 131, 110, 142, and 230(l) of the Local Rules of Practice for the United States District Court, Eastern District of California; unless otherwise ordered, Local Rule 251 shall not apply. Filing of a discovery motion that does not comply with all applicable rules may result in imposition of sanctions, including but not limited to denial of the motion.
6. The parties may conduct discovery until January 27, 2012. Any motions necessary to compel discovery shall be filed by that date. All requests for discovery pursuant to Fed. R. Civ. P. 31, 33, 34 or 36 shall be served not later than sixty days prior to that date.
7. All pretrial motions, except motions to compel discovery, shall be filed on or before April 27, 2012. Motions shall be briefed in accordance with paragraph 7 of this court's order filed May 12, 2010.
8. Pretrial conference and trial dates will be reset, as appropriate, following adjudication of any dispositive motion, or the expiration of time for filing such a motion.
9. Plaintiff's May 5, 2011 motion to subpoena witnesses (Dkt. No.35) is denied without prejudice to renewing the motion at a later time. Although the scheduling order issued July 29, 2010 is no longer in effect as to specific dates, plaintiff is advised to review the procedures it outlines for obtaining the attendance of incarcerated witnesses. (Dkt. No. 11 at 2-5.)
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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