(PC) Fairfield v. Corpuz ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MELISSA FAIRFIELD, Case No. 1:19-CV-00632-DAD-HBK 12 Plaintiff, FIRST AMENDED DISCOVERY AND SCHEDULING ORDER 13 v. ORDER DIRECTING CLERK TO LIFT STAY 14 ALBERT KHOO, ET. AL., 15 Defendants. Deadline for Discovery: July 8, 2022 Dispositive Motion Deadline: October 7, 2022 16 17 18 This matter comes before the Court upon review of Defendants’ Notice of Opt Out of 19 Alternative Dispute Resolution filed on November 4, 2021. (Doc. No. 85). 20 Accordingly, it is ORDERED: 21 1. The Clerk is directed to lift the stay previously entered in this case. (Doc. No. 82). 22 2. Noting Defendants’ Notice of Opt Out, no settlement conference will be held in this action. 23 Local Rule 270. 24 3. Under Federal Rules of Civil Procedure 1, 16, and 26-37, the Court adopts this 25 Amended Discovery and Scheduling Order setting forth new case management deadlines and 26 discovery procedures for this case as follows: 27 /// 28 1 I. Written Discovery: 2 Discovery requests shall be served by the parties pursuant to Federal Rule of Civil 3 Procedure 5 and Eastern District of California Local Rule 135. Discovery requests and responses 4 shall not be filed with the Court unless required by Eastern District California Local Rules 250.2, 5 250.3 and 250.4. 6 As described under Federal Rule of Civil Procedure 33, the parties are limited to 25 7 interrogatories; 8 As described under Federal Rule of Civil Procedure 36, the parties are limited to 25 9 requests for admission; 10 As described under Federal Rule of Civil Procedure 34, the parties are limited to 25 11 requests to produce. 12 Responses to documents shall include all documents within a party’s possession, custody, 13 or control. Fed. R. Civ. P. 34(a)(1). Documents are deemed within a party’s possession, custody, 14 or control if the party has actual possession, custody, or control thereof, or the legal right to 15 obtain the property on demand. Allen v. Woodford, 2007 WL 309945, at *2 (E.D. Cal. 2007). 16 Responses to written discovery requests shall be due within forty-five (45) days after the 17 request is first served. Similarly, responses and production of documents are due within forty- 18 five of the requests being served. Boilerplate objections are disfavored and may be summarily 19 overruled by the Court. All discovery must be completed by the above-referenced discovery cut- 20 off date. 21 Any motions to compel must be filed no later than twenty-one (21) days of the 22 discovery cut-off date. Failure to timely file motions to compel will result in waiver. 23 II. Depositions 24 Pursuant to Federal Rule of Civil Procedure 30(a)(2)(B), Defendants may depose Plaintiff 25 and any other witness confined in a prison upon condition that, at least fourteen (14) days before 26 such a deposition, Defendants serves all parties with the notice required by Federal Rule of Civil 27 Procedure 30(b)(1). Pursuant to Federal Rule of Civil Procedure 30(b)(4), the parties may take 28 any deposition under this section by video conference without a further motion or order of the 1 Court. Nothing herein forecloses a party from bringing a motion for protective order pursuant to 2 Federal Rule of Civil Procedure 26(c)(1) if deemed necessary. 3 Disagreement with any directive of security staff at the institution or prison at which the 4 deposition is scheduled is not a basis for the Plaintiff to refuse to answer questions, and the failure 5 of Plaintiff to attend, be sworn, or answer appropriate questions may result in sanctions, including 6 terminating the action as provided in Fed. R. Civ. P. 37. 7 III. Schedule and Deadlines 8 The schedule for this action is as follows: 9 A. The deadline for completion of all discovery is July 8, 2022 and motions to compel are 10 due within twenty-one (21) days of the discovery cut-off date; 11 B. The deadline for filing pre-trial dispositive motions is October 7, 2022 12 C. In addition to complying with the applicable rules, a motion and incorporated 13 memorandum and any responses in opposition shall not exceed twenty-five (25) pages in length 14 exclusive of exhibits. A reply shall not exceed seven (7) pages in length. A party must move and 15 show good cause for exceeding these page limitations. 16 D. Defendants shall lodge a Word version of any dispositive motion to 17 hbkorders@caed.uscourts.gov. Defendants shall likewise mail or deliver courtesy hard copies of 18 all dispositive motions with all exhibits to P.O. Box 575 Yosemite, California 95389. Courtesy 19 copies shall reflect the CM/ECF document numbers and pagination. 20 IV. Extensions of Time 21 Any requests for an extension to any deadline set in this order must be filed at least two 22 weeks prior to its expiration. The deadlines set forth above are firm and will only be extended 23 upon a showing of good cause. Eleventh hours motions, i.e., motions filed on the eve of the 24 deadline expiration, to extend a deadline will only be granted upon a showing of extraordinary 25 circumstances. 26 The parties are required to act in good faith during the course of discovery and 27 should first attempt to meet and confer to resolve any discovery dispute and the failure to 28 do so may result in the imposition of sanctions. 1 4 Dated: _ November 5, 2021 ooo. Th. Bares Hack HELENA M. BARCH-KUCHTA 3 UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28