Aguilar v. Hoover et al
Filing
19
DISCOVERY AND SCHEDULING ORDER: Unenumerated Rule 12(b) Motion deadline is set for 8/8/2011; deadline to amend pleadings is 12/8/2011; Discovery cut-off date is 2/8/2012; Dispositive Motions to be filed by 4/9/2012; order signed by Magistrate Judge Sandra M. Snyder on 6/8/2011. (Rooney, M)
<![CDATA[
1
2
3
4
5
6
7
8
9
UNITED STATES DISTRICT COURT
10
EASTERN DISTRICT OF CALIFORNIA
11
12
ALEX AGUILAR,
CASE NO. 1:09-cv-01849-AWI-SMS
13
DISCOVERY ORDER
SCHEDULING ORDER
Plaintiff,
14
15
v.
Unenmuerated Rule 12(b) Motion Deadline–August 8, 2011
Deadline to Amend Pleadings–December 8, 2011
Discovery Cut-Off date–February 8, 2012
Dispositive Motion Deadline–April 9, 2012
16
17
OFFICER JASON HOOVER and
FRESNO POLICE DEPARTMENT,
18
Defendants.
19
/
20
Defendants have answered the complaint filed on February 22, 2011. Pursuant to Federal
21
Rules of Civil Procedure 1, 16, and 26-36, discovery shall proceed as follows:
22
1.
Discovery requests shall be served by the parties pursuant to Federal Rules of
23
Civil Procedure 5 and Local Rule 135, and shall only be filed when required by Local Rules
24
250.1, 250.2 and 250.3;
25
2.
Responses to written discovery requests shall be due forty-five (45) days after the
26
request is first served;
27
///
28
1
3.
To ensure that the responding party has forty-five (45) days after the request is
2
first served to respond, discovery requests must be served at least forty-five (45) days before the
3
discovery deadline;
4
4.
Pursuant to Federal Rule of Civil Procedure 30(a), Defendants may depose
5
Plaintiff and any other witness confined in a prison upon condition that, at least fourteen (14)
6
days before such a deposition, Defendants serve all parties with the notice required by Federal
7
Rule of Civil Procedure 30(b)(1); and
8
9
5.
If disputes arise about the parties' obligations to respond to requests for discovery,
the parties shall comply with all pertinent rules including Rules 5, 7, 11, 26, and 37 of the
10
Federal Rules of Civil Procedure and Rules 110, 130, 131, 133, 135, 136, 142, and 230(1) of the
11
Local Rules of Practice for the United States District Court, Eastern District of California.
12
Unless otherwise ordered, Local Rule 251 shall not apply, and the requirement set forth in
13
Federal Rules of Civil Procedure 26 and 37 that a party seeking relief from the court certify that
14
he or she has in good faith conferred or attempted to confer with the other party or person in an
15
effort to resolve the dispute prior to seeking court action shall not apply. Voluntary compliance
16
with this provision of Rules 26 and 37 is encouraged, however. A discovery motion that does
17
not comply with all applicable rules will be stricken and may result in imposition of sanctions.
18
Further, the parties are advised of the following deadlines:
19
6.
The deadline for filing motions to dismiss for failure to exhaust the administrative
20
remedies pursuant to the unenumerated portion of Federal Rule of Civil Procedure
21
12(b) shall be August 8, 2011;
22
7.
The deadline to file a motion to amend the pleadings shall be December 8, 2011;
23
8.
The deadline for the completion of all discovery, including filing motions to
24
25
compel, shall be February 8, 2012;
9.
The deadline for filing pre-trial dispositive motions shall be on April 9, 2012;1
26
27
28
1
The pre-trial dispositive motion deadline does not apply to the filing of unenumerated Rule 12(b) motions
to dismiss for failure to exhaust. Unenumerated Rule 12(b) motions for failure to exhaust must be filed on or before
the deadline separately set forth in this order.
2
1
10.
2
A request for an extension of a deadline set in this order must be filed on or
before the expiration of the deadline in question; and
3
11.
An Extension of time will only be granted on a showing of good cause.
4
5
6
7
8
IT IS SO ORDERED.
9
Dated:
icido3
June 8, 2011
/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
