Hamilton v. Moseley

• Court: District Court, S.D. California
• Decided: July 27, 2023
• Docket: 3:21-cv-02032
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 SOUTHERN DISTRICT OF CALIFORNIA 11 12 DANNY L. HAMILTON, Case No.: 3:21-cv-02032-CAB-AHG 13 Plaintiff, ORDER GRANTING UNOPPOSED MOTION TO AMEND 14 v. SCHEDULING ORDER 15 AMIR MOHAMED, [ECF No. 76] 16 Defendant. 17 18 19 Before the Court is Plaintiff’s Motion for Extension of Time for 60 Days Beyond 20 August 1, 2023 Cut-Off Date for Discovery (ECF No. 76) (“Plaintiff’s Motion”), and 21 Defendant’s Non-Opposition to Plaintiff’s Motion to Continue Discovery Cut-Off (ECF 22 No. 77), in which Defendant states his non-opposition to Plaintiff’s request to continue the 23 discovery cutoff in this action by 60 days, and further requests that the Court continue all 24 other case deadlines by 60 days. 25 Upon consultation with the presiding District Judge in this matter, the Hon. Cathy 26 Ann Bencivengo, and good cause appearing, the Court GRANTS Plaintiff’s Motion and 27 Defendant’s related request. The Scheduling Order and briefing schedule deadlines for the 28 parties’ cross-motions for summary judgment are AMENDED as follows: 1 1. All fact and expert discovery shall be completed by all parties by 2 September 29, 2023. “Completed” means that all discovery under Rules 30-36 of the 3 Federal Rules of Civil Procedure, and discovery subpoenas under Rule 45, must be initiated 4 a sufficient period of time in advance of the cut-off date, so that it may be completed by 5 the cut-off date, taking into account the times for service, notice and response as set forth 6 in the Federal Rules of Civil Procedure. Counsel and any party proceeding pro se shall 7 promptly and in good faith meet and confer with regard to all discovery disputes in 8 compliance with Local Rule 26.1(a). A failure to comply in this regard will result in a 9 waiver of a party’s discovery issue. Absent an order of the court, no stipulation 10 continuing or altering this requirement will be recognized by the court. The Court 11 expects the parties to make every effort to resolve all disputes without court intervention 12 through the meet and confer process. If the parties reach an impasse on any discovery 13 issue, counsel for Defendants must email chambers at efile_goddard@casd.uscourts.gov 14 no later than 45 days after the date of service of the written discovery response that is in 15 dispute, seeking a telephonic conference with the Court to discuss the discovery dispute. 16 The email must include: (1) a neutral statement of the dispute, and (2) one sentence 17 describing (not arguing) each party’s position. The Court will then schedule a telephonic 18 conference. No discovery motion may be filed until the Court has conducted its pre- 19 motion telephonic conference, unless the movant has obtained leave of Court. All 20 parties are ordered to read and to fully comply with the Chambers Rules of Magistrate 21 Judge Allison H. Goddard (previously mailed to Plaintiff at his address of record). 22 2. All other pretrial motions must be filed by October 20, 2023. As noted in the 23 Court’s previous Scheduling Order (ECF No. 72), Plaintiff previously filed a Response to 24 Defendant’s Answer (ECF No. 70), in which he requested that the Court grant summary 25 judgment pursuant Fed. R. Civ. P. 56. See id. at 7-10. While not properly formatted or 26 noticed as a summary judgment motion, the Court construes the filing as a Motion for 27 Summary Judgment and sets the following briefing schedule to govern both Plaintiff’s 28 Motion for Summary Judgment as well as any cross-motion for summary judgment that 1 ||may be filed by Defendant:! 2 a. Defendant may file and serve any cross-motion for summary judgment, 3 and Plaintiff may file and serve any supplement to his pending motion for 4 summary judgment (ECF No. 70), by October 20, 2023. 5 b. Any Opposition to any motion for summary judgment must be filed and 6 served on the moving party no later than November 7, 2023. 7 c. Any Reply in support of any motion for summary judgment must be filed 8 and served on the non-moving party no later than November 21, 2023. 9 d. Judge Bencivengo will take any summary judgment motions under 10 submission and will notify the parties if oral argument is required. 11 The Court will set further dates and deadlines in the case schedule as necessary 12 || following resolution of the summary judgment motion(s). 13 IT IS SO ORDERED. 14 || Dated: July 27, 2023 15 nie H. 17 Honorable Allison H. Goddard 18 United States Magistrate Judge 19 20 21 22 23 24 || 26 Defendant files a motion for summary judgment in the future, the Court will issue an 27 || additional order at that time reiterating this briefing schedule and providing Plaintiff further 28 guidance regarding how to oppose the motion pursuant to Rand v. Rowland, 154 F.3d 952 (9th Cir. 1998) (en banc) and Klingele v. Eikenberry, 849 F.2d 409 (9th Cir. 1988).