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Travis George Miskam v. S. Mcallister

December 1, 2010

TRAVIS GEORGE MISKAM PLAINTIFF,
v.
S. MCALLISTER, ET AL.
DEFENDANTS.



The opinion of the court was delivered by: J. Michael Seabright United States District Judge

SECOND AMENDED RULE 16 SCHEDULING ORDER

SECOND AMENDED RULE 16 SCHEDULING ORDER

Pursuant to the Federal Rules of Civil Procedure, Rule 16(b)(1) and the Local Rules of the United States District Court for the Eastern District of California, LR 240(a), the court enters this scheduling order to reflect the trial date and other deadlines.

The Parties are NOTIFIED that all pretrial proceedings will be conducted by telecommunications technologies to allow Plaintiff to remain in the penal institution. See 42 U.S.C. § 1997e(f). At the court's discretion, hearings may be conducted in the institution, subject to institution officials' agreement. Id. When practicable, counsel shall be allowed to participate by telecommunications technology when any pretrial proceeding is held in the prison.

TRIAL AND CONFERENCE SCHEDULING: 1. Jury trial in this matter will commence before the Honorable J. Michael Seabright, United States District Judge on July 19, 2011, at 9:00 a.m.

2. A final pre-trial conference shall be held on June 20, 2011, at 9:00 a.m. before the Honorable J. Michael Seabright, United States District Judge.

3. Pursuant to LR 281, each party herein shall serve and file a separate pre-trial statement by May 27, 2011.

MOTIONS:

4. All motions to join additional parties or to amend the pleadings shall be filed by: CLOSED.

5. When defendants rely on the affirmative defense of failure to exhaust prison administrative remedies pursuant to 42 U.S.C. § 1997e(a), defendants shall file a dispositive motion to that effect, or notify the court that they are waiving this defense and will not be filing such a motion, by: CLOSED.

6. Motions in limine shall be filed by June 21, 2011. Opposition memoranda to a motion in limine shall be filed by July 1, 2011.

7. Defendants shall file a Motion for Leave to File a Motion for Summary Judgment and proposed Motion for Summary Judgment by December 17, 2010. If the Motion for Leave is granted, Plaintiff shall file an Opposition by January 14, 2011, and Defendants shall file a Reply by January 28, 2011. Unless otherwise notified, the court will determine this Motion for Summary Judgment without a hearing.

8. Motions deadlines will be strictly enforced. After the deadline has passed, the parties may not file such motions except with ...


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