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Ronald Metcalfe v. California Department of

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


October 25, 2012

RONALD METCALFE,
PLAINTIFF,
v.
CALIFORNIA DEPARTMENT OF
CORRECTIONS & REHABILITATION; SALINAS VALLEY STATE PRISON ("SVSP") WARDEN A. HEDGPETH; FORMER SVSP WARDEN M. EVANS; FORMER SVSP CHIEF DEPUTY WARDEN G. NEOTTI; FORMER SVSP CHIEF DEPUTY WARDEN G. LEWIS; CORRECTIONAL TRAINING FACILITY ("CTF") WARDEN R. GROUNDS; FORMER CTF WARDEN(A C. NOLL; AND DOES 1 THROUGH 50 INCLUSIVE,
DEFENDANTS.

The opinion of the court was delivered by: Lucy H. Koh United States District Court

ORDER CONTINUING CASE MANAGEMENT CONFERENCE

The parties have submitted a Joint Case Management Conference Statement ("Statement"). ECF No. 22. In the Statement, the parties state that the factual issues raised in Plaintiff Ronald 23 Metcalfe's Complaint are "extraordinarily complex, both factually and legally.." Id. Plaintiffs 24 further state that they have not had an opportunity to exchange their initial disclosures and do not 25 anticipate being able to exchange their initial disclosures in advance of the October 31, 2012 Case 26 Management Conference. Id. The parties also state that they believe it would be "productive to 27 discuss with their principles. whether or not a form of ADR might be productive.." Id. The 28 parties request that they be provided with an additional 60-90 days to allow them "to come to an agreement regarding ADR, early discovery efforts, timing of initial disclosures, and to come up 2 with a discovery plan, so that they [may] submit a more informed CMC statement to [the] Court." 3 Id. 4

While the Court recognizes that the Case Management Conference was scheduled on short 5 notice, a 60 to 90 day extension would unnecessarily postpone the initial Case Management 6 Conference. This case was filed in March 2012. Defendants filed their answers in mid-August and 7 early September 2012. Moreover, as to the parties' statement that they are working to reach 8 agreement on the timing of initial disclosures, Federal Rule of Civil Procedure 26 governs the 9 timing of initial disclosures, and the Court disfavors deviation from the Federal Rules. 10

Nonetheless, based on the shortness of the notice of the Case Management Conference, the Court 11 believes some extension is appropriate. Accordingly, the Case Management Conference is hereby 12

CONTINUED from October 31, 2012 to November 20, 2012 at 1:30 p.m. The parties' Case 13 Management Conference Statement is due November 13, 2012. 14 15

IT IS SO ORDERED.

20121025

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