Reynolds v. California Department of Corrections and Rehabilitation ( 2020 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 RICHARD LANCE REYNOLDS, Case No. 17-cv-04202-SI 8 Plaintiff, ORDER FOR CASE MANAGEMENT 9 v. STATEMENTS 10 J. MERENDA, 11 Defendant. 12 13 This is a pro se prisoner’s civil rights action in which plaintiff alleges that defendant twice 14 used excessive force on him on April 5, 2016 at the Correctional Training Facility in Soledad. 15 Summary judgment was granted on the claim that defendant used excessive force in connection with 16 handcuffing plaintiff, leaving for adjudication only a claim that defendant later used excessive force 17 on plaintiff in an office at the prison. See Docket No. 29. A settlement conference was held earlier 18 this year, but the parties apparently were unable to reach a settlement. See Docket No. 34.1 19 This action has been pending for more than two years, and it is now time to move toward 20 trial. The parties may be ready for trial right now, but the court wants some information from them 21 so that the court can, among other things, set a discovery cut-off and a trial date. Accordingly, the 22 parties must file and serve case management statements no later than April 10, 2020, in which they 23 provide the following information: 24 25 26 1 According to Magistrate Judge Illman’s report on the settlement conference, “[t]he parties are unable to reach an agreement at this time. There is an offer of settlement that will remain open 27 for 30 days from the date of the settlement conference.” Docket No. 34 at 2. Neither party has 1 (1) Discovery. Describe specifically the discovery that remains to be done. State 2 who/what you plan to subpoena and who you plan to depose. State whether you plan to 3 request a production of documents, propound interrogatories, and/or make a request for 4 admissions. Propose a discovery schedule (that includes the approximate date on which each 5 discovery request will be made) and a discovery cut-off date. 6 (2) Further motions. State whether you intend to file any further motions and 7 specifically identify those motions. 8 (3) Trial planning. State the date on which you will be ready for trial, and list the 9 dates of any pre-arranged vacations or other dates of unavailability in the next twelve 10 months. Provide an estimate of the number of days needed for trial. List the names of all of 11 your intended witnesses for trial.2 For each such witness, state briefly the testimony a 12 expected from that witness. List the types of experts that you intend to call as witnesses. 13 (4) Plaintiff's custodial status. Plaintiff should state the length of his prison sentence v 14 and the date on which he expects to be released from custody, if he knows that date. © 15 The case management statements do not need to be jointly prepared. 16 IT IS SO ORDERED. 17 || Dated: March 11, 2020 Site WU tee Z 18 SUSAN ILLSTON 19 United States District Judge 20 21 22 23 24 25 > Plaintiff is informed that he needs to make arrangements to pay witness fees and expert witness fees. The expenditure of public funds on behalf of an indigent litigant is proper only when 26 authorized by Congress. See United States v. MacCollom, 426 U.S. 317, 321 (1976); Tedder v. Odel, 890 F.2d 210, 211 (9th Cir. 1989). The in forma pauperis statute does not authorize the district 07 court to waive witness fees or expenses paid to the witnesses, see Dixon v. YIst, 990 F.2d 478, 480 (9th Cir. 1992); Tedder, 890 F.2d at 211-12. Therefore, even though plaintiff is proceeding in forma 2g || pauperis, he must make arrangements to pay witness fees and travel expenses for any witnesses he intends to call at trial.