(PC) King v. Chokatos et al, No. 1:2012cv01936 - Document 73 (E.D. Cal. 2016)
Court Description: SCHEDULING ORDER Following Status Conference Held on July 26, 2016; ORDER Granting in part Defendant Stringer's 68 Motion to Modify Scheduling Order; ORDER for Discovery to Proceed for Claims Against Defendant Chokatos, Limited to Claims Aris ing from Allegations Beginning on October 31, 2011, signed by Magistrate Judge Erica P. Grosjean on 08/18/2016. Dispositive Motions filed by 11/18/2016; Telephonic Status Conference set for 10/19/2016 at 02:00 PM in Courtroom 10 (EPG) before Magistr ate Judge Erica P. Grosjean. Settlement Conference set for 11/2/2016 at 10:00 AM in Courtroom 6 (JLT) before Magistrate Judge Jennifer L. Thurston. Telephonic Trial Confirmation Hearing set for 6/22/2017 at 08:30 AM in Courtroom 4 (LJO) before Chief Judge Lawrence J. O'Neill. Jury Trial set for 8/22/2017 at 08:30 AM in Courtroom 4 (LJO) before Chief Judge Lawrence J. O'Neill. (Flores, E)
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1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF CALIFORNIA 3 4 DARRELL WAYNE KING, 5 Plaintiff, 6 7 vs. JOHN D. CHOKATOS, et al., 8 Defendants. 9 1:12-cv-01936-LJO-EPG-PC SCHEDULING ORDER FOLLOWING STATUS CONFERENCE HELD ON JULY 26, 2016 ORDER GRANTING IN PART DEFENDANT STRINGER’S MOTION TO MODIFY SCHEDULING ORDER (ECF No. 68.) ORDER FOR DISCOVERY TO PROCEED FOR CLAIMS AGAINST DEFENDANT CHOKATOS, LIMITED TO CLAIMS ARISING FROM ALLEGATIONS BEGINNING ON OCTOBER 31, 2011 10 11 12 New Discovery Cut-off Deadline: 13 October 19, 2016 New Dispositive Motions Deadline: November 18, 2016 14 Telephonic Discovery Status Conference: October 19, 2016 at 2:00 p.m. Courtroom 10 (EPG) Notice of Discovery Disputes Due: October 5, 2016 15 16 17 Settlement Conference: November 2, 2016 at 10:00 a.m. Courtroom 6 (JLT) Confidential Settlement Conference Statements Due: October 26, 2016 18 19 20 TTCH: 22 June 22, 2017 at 8:30 a.m. Courtroom 4 (LJO) Jury Trial: 21 August 22, 2017 at 8:30 a.m. Courtroom 4 (LJO) 23 24 25 I. BACKGROUND 26 Darrell Wayne King (“Plaintiff”) is a state prisoner proceeding pro se and in forma 27 pauperis with this civil rights action pursuant to 42 U.S.C. ' 1983. Plaintiff filed this case on 28 November 29, 2012. (ECF No. 1.) This case now proceeds on the First Amended Complaint 1 1 filed on September 2, 2014, with Plaintiff=s Eighth Amendment claims against defendant Dr. 2 John D. Chokatos,1 for failure to provide adequate medical care, and for supplemental state law 3 claims. (ECF No. 33.) 4 Pursuant to the Court’s scheduling order issued on November 16, 2015, the deadline for 5 completion of discovery expired on July 16, 2016, and the deadline for the parties to file 6 pretrial dispositive motions shall expire on September 26, 2016. (ECF No. 41.) 7 II. STATUS CONFERENCE 8 On July 26, 2016 at 10:00 a.m., a telephonic status conference was held before 9 Magistrate Judge Erica P. Grosjean. Plaintiff appeared telephonically on his own behalf; 10 California Deputy Attorney General Jason A. Braxton appeared telephonically on behalf of 11 defendant Stringer; and Kristina D. Gruenberg of Burke, Williams & Sorenson appeared 12 telephonically on behalf of defendant Chokatos. The parties discussed discovery issues and a 13 litigation schedule for this case. Defendant Stringer’s Motion to Modify Scheduling Order 14 A. 15 On July 13, 2016, defendant Stringer filed a motion to extend the discovery, dispositive 16 motions, and expert witness disclosure deadlines, pending the Court’s ruling on Defendants’ 17 motion for summary judgment. (ECF No. 68.) At the hearing, the Court granted the motion to 18 extend discovery and the dispositive motions deadline. 19 discovery was extended from July 16, 2016 to October 19, 2016, and the deadline for the 20 parties to file pretrial dispositive motions was extended from September 26, 2016 to November 21 18, 2016. The deadline for completion of 22 The Court stayed the case against defendant Stringer, and the parties were permitted to 23 only conduct discovery concerning the claims against defendant Chokatos arising from 24 allegations beginning on October 31, 2011, pending a final ruling on the motion for summary 25 judgment. 26 27 28 1 On August 5, 2016, the Court issued an order granting defendants’ motion for summary judgment based on failure to exhaust and dismissing defendant Michelle I. Stringer from this action. (ECF No. 72.) Thus, defendant Chokatos is now the sole defendant in this action. 2 1 The Court denied the motion to extend the deadline for disclosure of expert witnesses. 2 Plaintiff stated that he believes experts are needed to expose problems with defendant 3 Chokatos’ procedures, and he requested appointment of an expert by the Court. The Court 4 advised Plaintiff that exceptional reasons must be shown before for such appointment will be 5 made. Plaintiff is permitted to file a motion for appointment of an expert if he wishes. 6 B. 7 The parties discussed pending discovery issues. Discovery Issues To date, Defendants have taken 8 Plaintiff’s deposition and obtained Plaintiff’s medical records. Plaintiff has served discovery 9 requests but has not received responses to all of his requests. Plaintiff stated that he requested 10 medical records, but has not been provided with any records from 2011. 11 requested copies of policies and procedures. Defense counsel Gruenberg stated that she has 12 medical records from 2011 in her possession. Plaintiff also 13 The Court ordered Defendant Chokatos to provide Plaintiff with all of Plaintiff’s 2011- 14 2012 medical records in Greunberg’s possession, no later than August 5, 2016. The Court also 15 ordered Defendant Chokatos to respond to Plaintiff’s pending discovery requests by August 16 23, 2016. 17 discussed above, shall be served by August 9, 2016, with forty-five days for service of 18 responses. 19 C. 20 The Court set out dates and deadlines in this case, as follows: 21 Limited discovery requests regarding claims against defendant Chokatos, as Further Scheduling 1. New Deadlines for Discovery and Dispositive Motions 22 The deadline for completion of discovery was extended from July 16, 2016 to October 23 19, 2016, and the deadline for the parties to file pretrial dispositive motions was extended from 24 September 26, 2016 to November 18, 2016. 25 2. Telephonic Discovery Status Conference 26 A Telephonic Discovery Status Conference is scheduled for October 19, 2016 at 2:00 27 p.m. before Magistrate Judge Erica P. Grosjean in Courtroom 10. The parties shall file written 28 notice to the Court of any discovery disputes no later than October 5, 2016, with responses due 3 1 by October 12, 2016. To join the Telephonic Discovery Status Hearing, the parties shall each 2 call the toll-free telephone number (888) 251-2909 and use Access Code 1024453, at 2:00 p.m. 3 on October 19, 2016. 4 3. Settlement Conference 5 A settlement conference is scheduled for November 2, 2016 at 10:00 a.m. before 6 Magistrate Judge Jennifer L. Thurston, at the United States Courthouse, 2500 Tulare Street, 7 Fresno, California, Seventh Floor, Courtroom 6. 8 conference statements shall be due one week before the settlement conference, no later than 9 October 26, 2016. 10 11 The parties’ confidential settlement Plaintiff shall appear in person the settlement conference. The Court shall issue a writ of habeas corpus ad testificandum to transport Plaintiff to Court for the settlement conference. 12 Defense counsel shall appear at the settlement conference in person with full authority 13 to negotiate and settle the case on any terms. Government entities may appear through litigation 14 counsel only, but must have immediate access to the individual with settlement authority. The 15 failure of any counsel, party or authorized person subject to this order to appear in person may 16 result in the imposition of sanctions. 17 Each party shall provide a Confidential Settlement Conference Statement to: 18 Chambers of Magistrate Judge Jennifer P. Thurston United States District Court 2500 Tulare Street, Room 1501 Fresno, California 93721 19 20 21 so they are received no later than October 26, 2016, and file a Notice of Submission of the 22 Confidential Settlement Conference Statement with the Clerk of the Court (See L.R. 270(d)). 23 Settlement statements should not be filed with the Clerk of the Court nor served on any other 24 party. Settlement statements shall be clearly marked “CONFIDENTIAL” with the date and 25 time of the settlement conference indicated prominently thereon. The confidential settlement 26 statement shall be no longer than five pages in length, typed or neatly printed, and include the 27 following: 28 /// 4 1 (1) A brief statement of the claims and defenses, i.e., statutory or other grounds 2 upon which the claims are founded; a forthright evaluation of the parties 3 likelihood of prevailing on the claims and defenses; and a description of the 4 major issues in dispute; 5 (2) An evaluation of damages expected at trial if Plaintiff prevails on his claims; 6 (3) An estimate of the cost and time to be expended for further discovery, pretrial, 7 and trial; 8 (4) The relief sought; 9 (5) The party’s position on settlement, including present demands and offers and a 10 history of past settlement discussions, offers, and demands; and 11 (6) A brief statement of each party’s expectations and goals for the settlement 12 conference. 13 4. TTCH and Trial 14 A Telephonic Trial Confirmation Hearing (TTCH) is scheduled for June 22, 2017 at 15 8:30 a.m., and Jury Trial for this case is scheduled to commence on August 22, 2017 at 8:30 16 a.m., before the Honorable Lawrence J. O’Neill in Courtroom 4. The parties had no objections 17 to these dates. 18 III. CONCLUSION 19 Based on the foregoing, IT IS HEREBY ORDERED that: 20 1. 21 22 2016, is GRANTED in part; 2. 23 24 4. The deadline for filing pretrial dispositive motions is extended from September 26, 2016 to November 18, 2016; 5. 27 28 The deadline for completion of discovery, including the filing of motions to compel, is extended from July 16, 2016 to October 19, 2016; 25 26 Defendant Stringer’s motion to modify the scheduling order, filed on July 13, The motion for extension of the deadline for expert witness disclosure is DENIED; 6. Discovery shall proceed for claims against defendant Chokatos, limited to those 5 claims arising from Plaintiff’s allegations beginning on October 31, 2011; 1 2 7. A Telephonic Discovery Status Conference is scheduled for October 19, 2016 3 at 2:00 p.m. before Magistrate Judge Erica P. Grosjean in Courtroom 10 at the 4 United States District Court, 2500 Tulare Street, Fresno, California. The parties 5 shall file written notice to the Court of any discovery disputes no later than 6 October 5, 2016, with responses due by October 12, 2016. 7 Telephonic Discovery Status Conference, the parties shall each call the toll-free 8 telephone number (888) 251-2909 and use Access Code 1024453, at 2:00 p.m. 9 on October 19, 2016; 10 5. To join the A Settlement Conference is scheduled for November 2, 2016 at 10:00 a.m. 11 before Magistrate Judge Jennifer L. Thurston, at the United States Courthouse, 12 2500 Tulare Street, Fresno, California, Seventh Floor, Courtroom 6. 13 parties’ confidential settlement conference statements shall be due one week 14 before the settlement conference, no later than October 26, 2016; 15 6. The A Telephonic Trial Confirmation Hearing (TTCH) is scheduled for June 22, 16 2017 at 8:30 a.m. before the Honorable Lawrence J. O’Neill in Courtroom 4; 17 and 18 7. Jury Trial for this case is scheduled to commence on August 22, 2017 at 8:30 a.m., before the Honorable Lawrence J. O’Neill in Courtroom 4. 19 20 21 22 IT IS SO ORDERED. Dated: August 18, 2016 /s/ UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 6
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