VanDyke v. Sisto et al
Filing
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DISCOVERY and SCHEDULING ORDER: The deadline for filing motions to dismiss for failure to exhaust the administrative remedies shall be 4/26/2010; Amending the pleadings ddl 5/26/2010; Discovery ddl 8/24/2010; Pre-Trial Dispositive Motions ddl 9/24/2010 signed by Senior Judge Justin L. Quackenbush on 3/2/2010. (Duong, D)
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 On February 11, 2010, Defendants Fuizzotti, Gums, and Sisto answered the Complaint 17 filed on December 23, 2008. Pursuant to Federal Rules of Civil Procedure 1, 16, and 26-36, 18 discovery shall proceed as follows: 19 1. Discovery requests shall be served by the parties pursuant to Federal Rule of Civil 20 Procedure 5 and Local Rule 5-135, and shall only be filed when required by Local Rules 3321 250(c), 34-250(c), and 36-250(c); 22 2. Responses to written discovery requests shall be due forty-five (45) days after the 23 request is first served; 3. To ensure that the responding party has forty-five (45) days after the request is first 24 25 served to respond, discovery requests must be served at least forty-five (45) days before the 26 discovery deadline; ORDER - 1 v. D.K. SISTO, et al., Defendants. BRADLEY VAN DYKE, Plaintiff, NO. CV-08-3120-JLQ SCHEDULING ORDER DISCOVERY ORDER
Unenumerated Rule 12(b) Motion Deadline: 4/26/10 Deadline to Amend Pleadings: 5/26/10 Discovery Cut-Off Date: 8/24/10 Dispositive Motion Deadline: 9/24/10
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
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4. Pursuant to Federal Rule of Civil Procedure 30(a), defendants may depose plaintiff
2 and any other witness confined in a prison upon condition that, at least fourteen (14) days 3 before such a deposition, defendants serve all parties with the notice required by Federal 4 Rule of Civil Procedure 30(b)(1); and 5 5. If disputes arise about the parties' obligations to respond to requests for discovery,
6 the parties shall comply with all pertinent rules including Rules 5, 7, 11, 26, and 37 of the 7 Federal Rules of Civil Procedure and Rules 11-110, 7-130, 7-131, 5-133, 5-135, 6-136, 438 142, and 78-230(m) of the Local Rules of Practice for the United States District Court, 9 Eastern District of California. Unless otherwise ordered, Local Rule 37-251 shall not apply, 10 and the requirement set forth in Federal Rules of Civil Procedure 26 and 37 that a party 11 seeking relief from the court certify that he or she has in good faith conferred or attempted 12 to confer with the other party or person in an effort to resolve the dispute prior to seeking 13 court action shall not apply. Voluntary compliance with this provision of Rules 26 and 37 14 is encouraged, however. A discovery motion that does not comply with all applicable rules 15 will be stricken and may result in imposition of sanctions. 16 17 Further: 6. The parties are advised that the deadline for filing motions to dismiss for failure to
18 exhaust the administrative remedies pursuant to the unenumerated portion of Federal Rule 19 of Civil Procedure 12(b) shall be April 26, 2010. 20 21 7. The deadline for amending the pleadings shall be May 26, 2010. 8. The parties are advised that the deadline for the completion of all discovery, 9. The deadline for filing pre-trial dispositive motions shall be September 24, 2010;1
22 including filing motions to compel, shall be August 24, 2010; 23 24 25 26 unenumerated Rule 12(b) motions to dismiss for failure to exhaust. Unenumerated Rule ORDER - 2
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The pre-trial dispositive motion deadline does not apply to the filing of
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10. A request for an extension of a deadline set in this order must be filed on or
2 before the expiration of the deadline in question; and 3 4 11. Extensions of time will only be granted on a showing of good cause. IT IS SO ORDERED. The District Court Executive is directed to enter this Order Dated this 2nd day of March, 2010. s/ Justin L. Quackenbush JUSTIN L. QUACKENBUSH SENIOR UNITED STATES DISTRICT JUDGE
5 and provide a copy to Plaintiff and counsel for the Defendants. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 12(b) motions for failure to exhaust must be filed on or before the deadline separately set forth in this order.
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