(PC) Davis v. Phui ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KELLY B. DAVIS, Case No. 1:20-cv-00276-HBK 12 Plaintiff, DISCOVERY AND SCHEDULING ORDER 13 v. Deadline for Exhaustion-Based Motion: 01/19/22 Deadline to Amend Pleadings: 04/19/22 14 DR. PHUI, ET. AL., Deadline to Complete Discovery: 06/20/22 Deadline for Dispositive Motion(s): 09/21/22 15 Defendants. 16 17 Pursuant to Federal Rules of Civil Procedure 1, 16, and 26-37, the Court sets forth the 18 following case management deadlines and discovery procedures for this case as follows: 19 I. Written Discovery: 20 Discovery requests shall be served by the parties in compliance with Federal Rule of Civil 21 Procedure 5 and Eastern District of California Local Rule 135. Discovery requests and responses 22 shall not be filed with the Court unless required by Eastern District California Local Rules 250.2, 23 250.3 and 250.4. 24 As described under Federal Rule of Civil Procedure 33, the parties are limited to 25 25 interrogatories; 26 As described under Federal Rule of Civil Procedure 36, the parties are limited to 25 27 requests for admission; 28 As described under Federal Rule of Civil Procedure 34, the parties are limited to 25 1 requests to produce. 2 Responses to documents shall include all documents within a party’s possession, custody, 3 or control. Fed. R. Civ. P. 34(a)(1). Documents are deemed within a party’s possession, custody, 4 or control if the party has actual possession, custody, or control thereof, or the legal right to 5 obtain the property on demand. Allen v. Woodford, 2007 WL 309945, at *2 (E.D. Cal. 2007). 6 Responses to written discovery requests shall be due within forty-five (45) days after the 7 request is first served. Similarly, responses and production of documents are due within forty- 8 five of the requests being served. Boilerplate objections are disfavored and may be summarily 9 overruled by the Court. All discovery must be completed by the above-referenced discovery cut- 10 off date. 11 Any motions to compel must be filed no later than twenty-one (21) days of the 12 discovery cut-off date. Failure to timely file a motion to compel will result in a waiver of 13 any objections. 14 II. Depositions 15 Pursuant to Federal Rule of Civil Procedure 30(a)(2)(B), Defendants may depose Plaintiff 16 and any other witness confined in a prison upon condition that, at least fourteen (14) days before 17 such a deposition, Defendants serve all parties with the notice required by Rule 30(b)(1). 18 Pursuant to Federal Rule of Civil Procedure 30(b)(4), the parties may take any deposition under 19 this section by video conference without a further motion or order of the Court. Nothing herein 20 forecloses a party from bringing a motion for protective order pursuant to Federal Rule of Civil 21 Procedure 26(c)(1) if deemed necessary. 22 Disagreement with any directive of security staff at the institution or prison at which the 23 deposition is scheduled is not a basis for the Plaintiff to refuse to answer questions, and the failure 24 of Plaintiff to attend, be sworn, or answer appropriate questions may result in sanctions, including 25 terminating the action as provided in Fed. R. Civ. P. 37. 26 III. Case Management Deadlines 27 The following deadlines shall govern this action: 28 A. The deadline for motions challenging exhaustion of administrative remedies is January 1 } 19, 2022. 2 B. The deadline for amending the pleadings is April 19, 2022.1 3 C. The deadline for completion of all discovery is June 20, 2022 with any motions to 4 | compel due within twenty-one (21) days of this discovery cut-off date. 5 D. The deadline for filing pre-trial dispositive motions is September 21, 2022. 6 E. In addition to complying with the applicable rules, a motion and incorporated 7 || memorandum and any responses in opposition shall not exceed twenty-five (25) pages in length, 8 | exclusive of exhibits. A reply shall not exceed seven (7) pages in length. A party must move and 9 | show good cause for exceeding these page limitations. 10 F, The Defendants shall lodge a Word version of any dispositive motion to 11 | hbkorders@caed.uscourts.gov. The Defendants shall likewise mail or deliver courtesy hard 12 || copies of all dispositive motions with all exhibits to P.O. Box 575 Yosemite, California 95389. 13 | The mailed courtesy copy shall reflect the CM/ECF document number and pagination. 14 IV. Extensions of Time 15 Any requests for an extension to any deadline set in this Discovery and Scheduling Order 16 | must be filed at least two weeks prior to its expiration. The deadlines set forth above are firm and 17 || will only be extended upon a showing of good cause. Eleventh hours motions, i.e., motions filed 18 | on the eve of the deadline expiration, to extend a deadline will only be granted upon a showing of 19 | extraordinary circumstances. 20 The parties are required to act in good faith during the course of discovery and should first attempt to meet and confer to resolve any discovery dispute and the failure to do so may 91 | result in the imposition of sanctions, if appropriate. 22 23 | Dated: _ October 20, 2021 Coo. Th. Aare4 Hack HELENA M. BARCH-KUCHTA 24 UNITED STATES MAGISTRATE JUDGE 25 26 27 ' This date does not permit any party to unilaterally file an amended pleading. Any amendments to the pleadings must comply with all applicable Federal Rules of Civil Procedure (i.e., Rule 15) and Local Rules 28 || (i.e., Local Rule 220).