(PC) Kindred v. Cabrera ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RICHARD SCOTT KINDRED, Case No. 1:19-cv-00901-JLT-BAK (EPG) (PC) 12 Plaintiff, ORDER REQUIRING SCHEDULING AND 13 v. DISCOVERY STATEMENTS 14 WUILMER CABRERA, et al., 15 Defendants. THIRTY (30) DAY DEADLINE 16 17 Plaintiff Richard Scott Kindred (“Plaintiff”) is a civil detainee proceeding pro se and in 18 forma pauperis in this civil rights action filed under 42 U.S.C. § 1983. The Court has screened 19 Plaintiff’s first amended complaint and has ordered the case to proceed. Before scheduling this 20 case, the Court will require each party to submit a statement regarding the schedule and discovery 21 matters. 22 The statements regarding the schedule and discovery shall be filed within thirty (30) days 23 from the date of service of this order. They should be filed with the Court, titled “SCHEDULING 24 AND DISCOVERY STATEMENT,” and include the name of the party filing the statement. 25 They shall address all of the following issues: 26 i. A brief summary of the parties’ claims and/or defenses. 27 ii. The name and, if known, the address and telephone number of each witness, 28 besides expert witnesses, the party may call at trial. nnn nn en een nn OI I II Im 1 iii. A description by category and location of all documents the party may use at 2 trial. 3 iv. | Whether any third parties, other than Plaintiff's institution of confinement, are 4 likely to have relevant documents. 5 v. | Whether the party intends to use expert witnesses. 6 vi. If a settlement conference has not occurred, when the party will be prepared to 7 participate in a settlement conference. 8 Defendants’ Scheduling and Discovery Statement shall also address all of the following 9 | issues: 10 vii. | Whether a third party subpoena directed at Plaintiff’s institution of 11 confinement will be necessary to obtain relevant documents. 12 vill. | Whether Defendants intend to challenge the issue of exhaustion and, if so, 13 when Defendants will be ready to file a motion for summary judgment 14 regarding the issue of exhaustion. 15 ix. Whether witness statements and/or evidence were generated from 16 investigation(s) related to the event(s) at issue in the complaint, such as an 17 investigation stemming from the processing of Plaintiff's grievance(s).' 18 x. | Whether there are any video recordings or photographs related to the 19 incident(s) at issue in the complaint, including video recordings and 20 photographs of Plaintiff taken following the incident(s). 21 Finally, any party may also include any information that the party believes would assist in 22 | discovery and/or scheduling the case. 54 IT IS SO ORDERED. Dated: _ July 11, 2022 [see ey 5 UNITED STATES MAGISTRATE JUDGE 26 27 ! 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 28 that is helpful to the court. When a grievance is filed shortly after the event giving rise to the grievance, witnesses can be identified and questioned while memories are still fresh, and evidence can be gathered and preserved.”).