(PC) Gonzalez v. Newsom

Opinion

1 ROB BONTA, State Bar No. 202668 MARIO AMADOR GONZALEZ Attorney General of California Plaintiff Pro Se 2 JOANNA B. HOOD, State Bar No. 264078 11134 Sepulveda Blvd. Supervising Deputy Attorney General Mission Hills, CA 91345 3 SEAN W. LODHOLZ, State Bar No. 299096 USA Deputy Attorney General 4 1300 I Street, Suite 125 P.O. Box 944255 5 Sacramento, CA 94244-2550 Telephone: (916) 210-7369 6 Fax: (916) 324-5205 E-mail: Sean.Lodholz@doj.ca.gov 7 Attorneys for Defendants Burke, Clough, Cross, Grinde, Lewis, and Valine 8 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DIVISION 12 13 MARIO AMADOR GONZALEZ, 2:17-cv-00176-WBS-DMC 14 Plaintiff, STIPULATED DISCOVERY AND 15 SCHEDULING ORDER v. 16 Judge: The Honorable Dennis M. Cota 17 GAVIN NEWSOM, et al., Action Filed: January 26, 2017 18 Defendant. 19 20 In response to the Court’s July 11, 2024 order (ECF No. 105) pro se Plaintiff Mario 21 Amador Gonzalez and Defendants Burke, Clough, Cross, Grinde, Lewis, and Valine stipulate to 22 the following discovery schedule: 23 1. Discovery requests shall be served by the party seeking the discovery on all parties to 24 the action. Discovery requests shall not be filed with the Court except when required by Eastern 25 District of California Local Rules 250.1(a), 250.2(c), 250.3(c), and/or 250.4(c). Improperly filed 26 discovery requests will be disregarded. 27 / / / 28 / / / 1 2. Responses to written discovery requests shall be due 45 days after the request is 2 served. 3 3. Pursuant to Federal Rule of Civil Procedure 30(a)(2)(B), Defendant(s) may depose 4 Plaintiff and any other incarcerated witness upon condition that, at least 14 days before such a 5 deposition, all parties are served with the notice required by Federal Rule of Civil Procedure 6 30(b)(1). Pursuant to Federal Rule of Civil Procedure 30(b)(4), the parties may take any 7 deposition under this section by video conference without a further motion or order of the Court. 8 Pursuant to Federal Rule of Civil Procedure 30(b)(3)(A), a court reporter may be present at a 9 deposition by video conference without a further motion or order of the Court. 10 4. If disputes arise about the parties’ obligations to respond to requests for discovery, the 11 parties shall comply with all pertinent rules, including Federal Rules of Civil Procedure 5, 7, 11, 12 26, and 37 and Eastern District of California Local Rules 133, 134, 135, 137, 130, 131, 110, 141, 13 141.1, and 230(m); unless otherwise ordered, Local Rule 251 shall not apply. Filing a discovery 14 motion that does not comply with all applicable rules may result in imposition of sanctions, 15 including but not limited to denial of the motion. 16 5. Discovery in this matter will close 180 days from the date of this order. All requests 17 for discovery pursuant to Fed. R. Civ. P. 30, 31, 33, 34, 36, and 45 shall be served not later than 18 sixty days prior to this date. Any motions necessary to compel discovery shall be filed by this 19 date. 20 6. All dispositive motions shall be filed not later than 120 days after the discovery cut- 21 off date specified above. 22 7. Unless otherwise ordered, all motions shall be briefed pursuant to Local Rule 230(l), 23 and failure to oppose such a motion in a timely manner may be deemed a waiver of opposition to 24 the motion. 25 8. Pursuant to Rand v. Rowland, 154 F.3d 952, 957 (9th Cir. 1998) (en banc), and 26 Klingele v. Eikenberry, 849 F.2d 409 (9th Cir. 1988), Plaintiff is advised of the following 27 requirements for opposing a motion for summary judgment made by Defendants pursuant to Rule 28 56 of the Federal Rules of Civil Procedure: Such a motion is a request for an order for judgment 1 in favor of Defendants without trial. A defendant’s motion for summary judgment will set forth 2 the facts that the Defendants contend are not reasonably subject to dispute and that entitle the 3 Defendants to judgment. To oppose a motion for summary judgment, Plaintiff must show proof 4 of his or her claims. Plaintiff may do this in one or more of the following ways. Plaintiff may 5 rely upon statements made under the penalty of perjury in the complaint if the complaint shows 6 that Plaintiff has personal knowledge of the matters stated and Plaintiff calls to the Court’s 7 attention those parts of the complaint upon which Plaintiff relies. Plaintiff may serve and file one 8 or more affidavits or declarations setting forth the facts that Plaintiff believes prove Plaintiff’s 9 claims; the person who signs an affidavit or declaration must have personal knowledge of the 10 facts stated. Plaintiff may rely upon written records, but Plaintiff must prove that the records are 11 what Plaintiff claims they are. Plaintiff may rely upon all or any part of the transcript of one or 12 more depositions, answers to interrogatories, or admissions obtained in this proceeding. If 13 Plaintiff fails to contradict the Defendants’ evidence with counteraffidavits or other admissible 14 evidence, the Defendants’ evidence may be taken as the truth and the Defendants’ motion for 15 summary judgment granted. If there is some good reason why such facts are not available to 16 Plaintiff when required to oppose a motion for summary judgment, the Court will consider a 17 request to postpone considering the Defendants’ motion. If Plaintiff does not serve and file a 18 written opposition to the motion or a request to postpone consideration of the motion, the Court 19 may consider the failure to act as a waiver of opposition to the Defendants’ motion. If the 20 Defendants’ motion for summary judgment, whether opposed or unopposed, is granted, judgment 21 will be entered for the Defendants without a trial and the case will be closed. 22 9. If Defendant moves for summary judgment, Defendant must contemporaneously 23 serve with the motion, but in a separate document, a Rand Notice. See Rand, 154 F.3d at 957. 24 Failure to do so may constitute grounds for denial of the motion. 25 10. At a later stage in the proceedings, the Court will issue a final scheduling order. 26 / / / 27 / / / 28 / / / 1 IT IS SO STIPULATED 5 Respectfully submitted, Dated: , 2024 3 By: _/s/ Mario Amador Gonzalez 4 Plaintiff Pro Se 5 6 || Dated: July 19, 2024 RoB BONTA Attorney General of California 7 JOANNA B. Hoop Supervising Deputy Attorney General

9 By: _/s/ SEAN W. LODHOLZ 10 Deputy Attorney General Attorneys for Defendants Burke, Clough, 1 Cross, Grinde, Lewis, and Valine 12 13 14 IT IS SO ORDERED. 15 Bast Aue tezns Srca_- M DENNIS M. COTA 18 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28