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Lemire v. California Dep't of Corrections and Rehabilitation

September 5, 2008

SHERIE LEMIRE, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE FOR THE ESTATE OF ROBERT ST. JOVITE, GERARD CHARLES ST. JOVITE AND NICOLE ST. JOVITE; GERARD CHARLES ST. JOVITE; NICHOLE ST. JOVITE; ESTATES OF ROBERT ST. JOVITE, PLAINTIFFS,
v.
CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION; ARNOLD SCHWARTZENEGGER, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS GOVERNOR OF THE STATE OF CALIFORNIA; JAMES E. TILTON, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS SECRETARY OF CA DEPARTMENT OF CORRECTIONS AND REHABILITATION; WARDEN TOM L. CARY, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS WARDEN OF CSP - SOLANO; D.K. SISTO, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS WARDEN OF CSP-SOLANO; CAHOON, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS CORRECTIONAL OFFICER; ALCARAZ, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS CORRECTIONAL OFFICER; WADE, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS CORRECTIONAL OFFICER; ARAGENT, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS CORRECTIONAL OFFICER; ORRICK, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS CORRECTIONAL OFFICER; MARTINEZ, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS CORRECTIONAL OFFICER; GORDON WONG, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; HAK, MTA, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; ALVARO C. TRAQUINA, M.D., INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS CHIEF MEDICAL OFFICER/HEALTH CARE MANAGER; NORIEGA, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; DUSAY, DR., INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; NEURING, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY, DEFENDANTS.



The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

ORDER CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE

The status (pretrial scheduling) conference scheduled for September 15, 2008, is vacated since the parties' Joint Status Report ("JSR") indicates that the following Order should issue.*fn1

DOE DEFENDANTS

The JSR states "Plaintiff expects to discover the identities of any Doe defendants by November 1, 2008." (JSR at 2) Therefore, Plaintiff has until November 1, 2008, to file a motion in which leave is sought to join a defendant. The motion must be noticed for hearing on the Court's earliest available law and motion date. If leave is not sought as stated, the Doe Defendants shall be dismissed.

ADDED DEFENDANT'S OPPORTUNITY TO SEEK AMENDMENT OF THIS ORDER

If Plaintiffs substitute a named defendant in place of a Doe defendant, a copy of this Order shall be served on that defendant concurrently with the service of process.

That defendant has 30 days after said service within which to file a "Notice of Proposed Modification of Status Order." Although a newly-joined party's proposed modification filed within this thirty day period will not have to meet the good cause standard, no further amendments will be permitted except with leave of Court, good cause having been shown.

SERVICE, JOINDER OF ADDITIONAL PARTIES, AMENDMENT

No further service, joinder of parties or amendments to pleadings is permitted, except with leave of Court, good cause having been shown.

DISCOVERY

All discovery shall be completed by April 7, 2010. In this context, "completed" means that all discovery shall have been conducted so that all depositions have been taken and any disputes relative to discovery shall have been resolved by appropriate orders, if necessary, and, where discovery has been ordered, the order has been complied with or, alternatively, the time allowed for such compliance shall have expired.*fn2

Each party shall comply with Federal Rule of Civil Procedure 26(a)(2)'s initial expert witness disclosure and report requirements on or before November 6, 2009, and with any rebuttal expert disclosure authorized under the Rule on or before December 7, 2009.

MOTION HEARING SCHEDULE

The last hearing date for motions shall be June 7, 2010, ...


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