(PC) Flowers v. County of Fresno ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL DE’ANDRAE FLOWERS, Case No. 1:19-cv-01027-JLT-BAK (EPG) (PC) 12 Plaintiff, ORDER REQUIRING SCHEDULING AND 13 v. DISCOVERY STATEMENTS 14 TOON, 15 Defendant. THIRTY (30) DAY DEADLINE 16 17 The Court previously screened Plaintiff’s first amended complaint and ordered the case to 18 proceed. (See ECF Nos. 21, 22, 24.) This case was scheduled for an early settlement 19 conference, which has been cancelled. (See ECF Nos. 41, 47.) Before scheduling this case, the 20 Court will require each party to submit a statement regarding the schedule and discovery matters. 21 The statements regarding the schedule and discovery shall be filed within thirty (30) days 22 from the date of service of this order. They should be filed with the Court, titled 23 “SCHEDULING AND DISCOVERY STATEMENT,” and include the name of the party filing 24 the statement. They shall address all of the following issues: 25 i. A brief summary of the parties’ claims and/or defenses. 26 ii. The name and, if known, the address and telephone number of each witness, 27 besides expert witnesses, the party may call at trial. 28 iii. A description by category and location of all documents the party may use at trial. enn nn ne ee eee nn on nnn nn ON IEE EE me 1 iv. | Whether any third parties, other than Plaintiff's institution of confinement, are 2 likely to have relevant documents. 3 v. | Whether the party intends to use expert witnesses. 4 vi. If a settlement conference has not occurred, when the party will be prepared to 5 participate in a settlement conference. 6 Defendant’s Scheduling and Discovery Statement shall also address all of the following 7 | issues: 8 vii. | Whether a third-party subpoena directed at Plaintiff’s institution of confinement 9 will be necessary to obtain relevant documents. 10 vill. | Whether Defendant intends to challenge the issue of exhaustion and, if so, when 11 Defendant will be ready to file a motion for summary judgment regarding the 12 issue of exhaustion. 13 ix. Whether witness statements and/or evidence were generated from investigation(s) 14 related to the event(s) at issue in the complaint, such as an investigation stemming 15 from the processing of Plaintiff's grievance(s).! 16 x. | Whether there are any video recordings or photographs related to the incident(s) 17 at issue in the complaint, including video recordings and photographs of Plaintiff 18 taken following the incident(s). 19 Finally, any party may also include any information that the party believes would assist 20 || in discovery and/or scheduling the case. IT IS SO ORDERED. 21 22 | Dated: _ May 26, 2022 [spe ey 3 UNITED STATES MAGISTRATE JUDGE 24 25 26 | ! See Woodford v. Ngo, 548 U.S. 81, 94-95 (2006) (“[P]roper exhaustion improves the quality of those prisoner suits that are eventually filed because proper exhaustion often results in the creation of an administrative record that is helpful to the court. When a grievance is filed shortly after the event giving rise to the grievance, 28 witnesses can be identified and questioned while memories are still fresh, and evidence can be gathered and preserved.”).