(PC) Sykes v. Galindo

• Court: District Court, E.D. California
• Decided: January 8, 2025
• Docket: 1:23-cv-01770
• Status: Unknown

Opinion

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 TROY SYKES, Case No. 1:23-cv-01770-KES-EPG (PC) 10 Plaintiff, ORDER REQUIRING STATEMENTS FROM PARTIES REGARDING 11 v. SCHEDULE AND DISCOVERY 12 GALINDO, et al., THIRTY (30) DAY DEADLINE 13 Defendants. 14 The Court has screened Plaintiff’s complaint and has ordered the case to proceed. 15 Defendants have appeared and filed an Answer. Before scheduling this case, the Court will 16 require each party to submit a statement regarding the schedule and discovery matters. 17 The statements regarding the schedule and discovery shall be filed within thirty days from 18 the date of service of this order. They should be filed with the Court, titled “SCHEDULING AND 19 DISCOVERY STATEMENT,” and include the name of the party filing the statement. They shall 20 address all of the following issues: 21 i. A brief summary of the parties’ claims and/or defenses. 22 ii. The name and, if known, the address and telephone number of each witness, 23 besides expert witnesses, the party may call at trial. 24 iii. A description by category and location of all documents the party may use at 25 trial. 26 iv. Whether any third parties, other than Plaintiff’s institution of confinement, are 27 likely to have relevant documents. 28 ene enn een nn nnn nen NO EO OE I

1 v. | Whether the party intends to use expert witnesses. 2 vi. If a settlement conference has not occurred, when the party will be prepared to 3 participate in a settlement conference. 4 Defendants’ Scheduling and Discovery Statement shall also address all of the following 5 | issues: 6 vii. | Whether a third-party subpoena directed at Plaintiff’s institution of 7 confinement will be necessary to obtain relevant documents. 8 vill. | Whether Defendants intend to challenge the issue of exhaustion and, if so, 9 when Defendants will be ready to file a motion for summary judgment regarding the issue of exhaustion. 10 ix. Whether witness statements and/or evidence were generated from 11 investigation(s) related to the event(s) at issue in the complaint, such as an 12 investigation stemming from the processing of Plaintiff's grievance(s).' 13 . . x. | Whether there are any video recordings or photographs related to the incident(s) at issue in the complaint, including video recordings and 15 photographs of Plaintiff taken following the incident(s). 16 x1. Whether Defendants intend to argue that Defendants are not properly named 17 because they are not the individual(s) responsible for the action(s) described in 18 the complaint (7.e., someone else did or is responsible for the action(s) alleged 19 in the complaint). 20 Finally, any party may also include any information that the party believes would assist in 21 | discovery and/or scheduling the case. IT IS SO ORDERED. 22 23 | Dated: _ January 8, 2025 [spe ey UNITED STATES MAGISTRATE JUDGE 25 26 ' See Woodford v. Ngo, 548 U.S. 81, 94-95 (2006) (“[P]roper exhaustion improves the quality of those prisoner suits that are eventually filed because proper exhaustion often results in the creation of an administrative 27 record that is helpful to the court. When a grievance is filed shortly after the event giving rise to the grievance, witnesses can be identified and questioned while memories are still fresh, and evidence can be gathered and 28 preserved.”).