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Micah Godfrey v. Tony Ross

December 6, 2011

MICAH GODFREY,
PLAINTIFF,
v.
TONY ROSS, CITY OF TULELAKE, DAN SILVA, SISKIYOU COUNTY, TRAVIS HALL, TERRY HARRIS, LAURA BELLASALMA, UNITED STATES OF AMERICA, ERIN MARTIN AND ROSS MARKET, DEFENDANTS.



STATUS (PRETRIAL SCHEDULING) ORDER

After reviewing the parties' Joint Status Report, the court hereby vacates the Status (Pretrial Scheduling) Conference scheduled for December 12, 2011.

I. SERVICE OF PROCESS

Plaintiff shall effect service upon any unserved defendant within thirty days of the file-stamped date of this order. The failure to do so may result in the dismissal of the action as against the then-unserved defendants. Service upon Dan Silva shall be conducted within thirty days of his return from military leave.

Except as so provided, no further service is permitted without leave of court, good cause having been shown under Fed. R. Civ. P. 16(b).

II. JOINDER OF PARTIES/AMENDMENTS

Within thirty days of the file-stamped date of this order, plaintiffs may amend their complaint to include the true identity of "Erin Martin." Defendants shall respond to the amended complaint within 20 days of service thereof.

Except as so provided, no further joinder of parties or amendments to pleadings is permitted except with leave of court, good cause having been shown under Fed. R. Civ. P. 16(b). See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir. 1992).

III. JURISDICTION/VENUE

Jurisdiction is predicated upon federal question jurisdiction, 28 U.S.C. § 1331, jurisdiction pursuant to federal civil rights claims, 28 U.S.C. § 1343, and supplemental jurisdiction under 28 U.S.C. § 1367. Venue is undisputed and is hereby found to be proper.

IV. DISCOVERY

The parties shall serve the initial disclosures required by Federal Rule of Civil Procedure 26(a)(1) by no later than January 23, 2012.

The parties have agreed to complete non-expert discovery by no later than December 12, 2012. Plaintiff shall disclose experts and produce reports in accordance with Federal Rule of Civil Procedure 26(a)(2) by no later than January 2, 2013. Defendants shall disclose experts and produce reports in accordance with Federal Rule of Civil Procedure 26(a)(2) by no later than February 4, 2013. With regard to expert testimony intended solely for rebuttal, those experts shall be disclosed and reports produced in accordance with Federal Rule of Civil Procedure 26(a)(2) on or before March 4, 2013.

All discovery, including depositions for preservation of testimony, is left open, save and except that it shall be so conducted as to be completed by April 15, 2013. The word "completed" means that all discovery shall have been conducted so that all depositions have been taken and any disputes relevant to discovery shall have been resolved by appropriate order if necessary and, where discovery has been ordered, the order has been obeyed. All motions to compel discovery must be noticed on the magistrate judge's calendar in accordance ...


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