Greer v. County of San Diego

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 Frankie GREER, Case No.: 19-cv-0378-GPC-AGS 12 Plaintiff, ORDER REQUIRING JOINT DISCOVERY PLAN 13 v. 14 COUNTY OF SAN DIEGO, et al., 15 Defendants. 16 17 The parties are ordered to provide a Joint Discovery Plan by June 16, 2020. The 18 Joint Discovery Plan must be filed on the CM/ECF system as well as lodged with 19 Magistrate Judge Schopler by emailing the Plan to efile_schopler@casd.uscourts.gov. If 20 the Plan with its attachments exceeds 20 pages, a courtesy paper copy of the Plan must be 21 delivered to Judge Schopler’s Chambers. Because defendants raised the issue of failure to 22 exhaust, (see ECF No. 81, at 2), the Plan should offer a brief schedule to adjudicate that 23 issue before moving on to general discovery. See Albino v. Baca, 747 F.3d 1162, 1170 (9th 24 Cir. 2014) (“Exhaustion should be decided, if feasible, before reaching the merits of a 25 prisoner’s claim.”). The Plan must identify whether and what good cause exists to modify 26 the Court’s tentative schedule of deadlines and limitations, which is as follows: 27 28 1 CASE MANAGEMENT SCHEDULE 2 Event Deadline 3 Joint Discovery Plan June 16, 2020 Defense Counsel Receiving and July 17, 2020 4 Serving All Grievances on File at 5 the Institution 6 Plaintiff’s Deposition, not August 14, 2020 limited solely to issues of 7 exhaustion 8 Any Motions Concerning August 28, 2020 Exhaustion or Requests for 9 Albino Hearing 10 Motions to Amend September 11, 2020 Expert Witness Designations October 16, 2020 11 and Disclosures 12 Rebuttal Expert Witness November 13, 2020 Designations and Disclosures 13 Fact Discovery Completion December 11, 2021 14 Expert Discovery Completion December 11, 2021 15 MSC Statements January 15, 2021 16 Mandatory Settlement January 22, 2021, at 9:00 a.m. 17 Conference Pretrial Motions February 12, 2021 18 Rule 26(a)(3) Disclosures May 14, 2021 19 Meet and Confer on the PTO May 21, 2021 20 Draft PTO to Defense Counsel May 28, 2021 21 Lodge PTO June 4, 2021 22 Final Pretrial Conference June 11, 2021, at 1:30 p.m. 23 DISCOVERY LIMITATIONS 24 Discovery Type Restriction (Per Side) 25 Depositions No more than [6] 26 Requests for Admission No more than [15] Interrogatories No more than [15] 27 Requests to Produce Documents No more than [15] 28 1 || Defense counsel is responsible for contacting plaintiff to prepare the joint discovery plan 2 should plaintiff be incarcerated at the relevant time, for ensuring □□□□□□□□□□□ 3 || participation in any telephonic or in-person hearings. 4 5 || Dated: May 1, 2020

5 Hon. ndrew G. Schopler United States Magistrate Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

SOU UN TI HT EE RD N S T DA IST TE RS I D CI TS OTR FI CC AT L C IO FOU RR NT I A

Frankie GREER, Case No.: 19-cv-0378-GPC-AGS Plaintiff(s) NOTICE, CONSENT, AND v. REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE COUNTY OF SAN DIEGO, et al., Defendant(s)

Notice of a magistrate judge's availability. A United States magistrate judge of this court is available to conduct all proceedings in this civil action (including a jury or nonjury trial) and to order the entry of a final judgment. The judgment may then be appealed directly to the United States court of appeals like any other judgment of this court. A magistrate judge may exercise this authority only if all parties voluntarily consent. You may consent to have your case referred to a magistrate judge, or you may withhold your consent without adverse substantive consequences. The name of any party withholding consent will not be revealed to any judge who may otherwise be involved with your case. Consent to a magistrate judge's authority. The following parties ☐ Consent / ☐ Do Not Consent* to have a United States magistrate judge conduct all proceedings in this case including trial, the entry of final judgment, and all post-trial proceedings. Printed Names Signatures of all parties and counsel for all parties Dates

REFERENCE ORDER IT IS ORDERED: This case is referred to United States Magistrate Judge Andrew G. Schopler, to conduct all proceedings and order entry of a final judgment in accordance with 28 U.S.C. § 636(c), Fed. R. Civ. P. 73, and CivLR 73.1.

Date United States District Judge

* Pursuant to Civil Local Rule 73.1, if (and only if) all parties have consented to the