Opinion
Civil Action: 11-cv-02401-MSK-CBS
04-23-2012
CLIFFORD E. LEWIN, Plaintiff, v. ALLRED, Clinic Director Defendant.
Counsel: Pro Se (appearing by telephone) J. Benedict Garcia
Magistrate Judge Craig B. Shaffer
FTR - Reporter Deck-Courtroom A402
Courtroom Deputy: Robin Mason
Parties:
Counsel:
Pro Se (appearing by telephone)
J. Benedict Garcia
COURTROOM MINUTES/MINUTE ORDER
HEARING: PRELIMINARY SCHEDULING CONFERENCE
Court in session: 10:01 a.m.
Court calls case. Appearances of counsel.
Discussion regarding plaintiff's MOTION for a Temporary Restraining Order/Preliminary Injunction (Docket No. 13, filed on 10/19/2011). The court notes that there has been no response to this motion filed by the defendant. Discussion between the court and Mr. Lewin regarding proper service on the defendant.
For reasons stated on the record,
ORDERED: The court DENIES without prejudice plaintiff's MOTION for a Temporary Restraining Order/Preliminary Injunction (Docket No. 13, filed on 10/19/2011). The plaintiff is able to re-file this motion if desired.
Discussion regarding setting deadlines, defendant's MOTION to Dismiss (Docket No. 42, filed on 3/13/2012), and plaintiff's Opposition Brief to #42 Defendant's MOTION to Dismiss (Docket No. 48, filed on 4/9/2012). Counsel for the defendant informs the court that they will not be filing any reply.
Discussion regarding claims and allegations, when the discovery should move forward in this case (once the court has determined that a viable claim that will survive), Rule 26(b)(2)(c) pertaining to limiting discovery based on the needs of the case (not being unduly burdensome), defense of qualified immunity being raised, and the court staying all discovery until there is a ruling on the Motion to Dismiss.
Discussion regarding plaintiff's MOTION for Enlargement of Time (Docket No. 44, filed on 3/22/2012).
For reasons as stated on the record,
ORDERED: The court DENIES plaintiff's MOTION for Enlargement of Time (Docket No. 44, filed on 3/22/2012).
Discussion regarding what documents defense counsel has received pertaining to mandatory disclosures, Rule 26(a)(1) and its application to pro se plaintiffs, and Rule 26 and initial disclosures.
HEARING CONCLUDED.
Court in recess: 10:29 a.m.
Total time in court: 00:28
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