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Arellano v. Hodge

United States District Court, S.D. California

May 3, 2017

RAUL ARELLANO, JR., Plaintiff,
v.
OFFICER HODGE et al., Defendants.

          ORDER: (1) GRANTING MOTION FOR EXTENSION OF TIME ON DISCOVERY AND AMENDING SCHEDULING ORDER; (2) DENYING MOTION FOR APPOINTMENT OF COUNSEL [ECF NOS. 131, 138]

          HON. JILL L. BURKHARDT UNITED STATES MAGISTRATE JUDGE.

         Before the Court is Plaintiff Raul Arellano, Jr.'s: (1) Motion for Extension of Time; and (2) Motion for Appointment of Counsel. (ECF No. 138.) No oppositions to the Motions were filed. For the reasons discussed below, the Court GRANTS Plaintiff's Motion for Extension of Time and DENIES Plaintiff's Motion for Appointment of Counsel.

         I. Motion for Extension of Time

         Plaintiff moves the Court for an extension of the remaining dates and deadlines in this case so that he may fully conduct discovery. (ECF No. 138 at 1-2.) Plaintiff asserts that, as the result of an unknown investigation, officers at the R.J. Donovan prison deprived him of his legal materials on March 29, 2017, and then transferred him to the prison's Administrative Segregation Unit on April 5, 2017. (Id. at 1.) Plaintiff estimates that he will remain in the Administrative Segregation Unit, where he has no writing instruments, paper, envelopes, or access to his legal materials, for up to three months. (Id.) As a result, Plaintiff seeks a four-month extension of all unexpired dates and deadlines in this case as of March 29, 2017. (Id. at 2.)

         For good cause shown, the Court GRANTS Plaintiff's Motion for Extension of Time. Accordingly, the Case Management Conference Order Regulating Discovery and Other Pretrial Proceedings issued in this case (ECF No. 131) is AMENDED as follows:

         1. All discovery, including expert discovery, shall be completed on or before October 20, 2017. “Completed” means that all discovery under Rules 30-36 of the Federal Rules of Civil Procedure, and discovery subpoenas under Rule 45, must be initiated a sufficient period of time in advance of the cut-off date, so that it may be completed by the cut-off date, taking into account the times for services, notice, and response as set forth in the Federal Rules of Civil Procedure.

         Counsel, or unrepresented parties, shall promptly and in good faith meet and confer with regard to all discovery disputes in compliance with Local Rule 26.1(a). The Court expects counsel and parties to make every effort to resolve all disputes without court intervention through the meet and confer process.

         Discovery motions must be filed in the time and manner directed by Magistrate Judge Burkhardt (see Judge Burkhardt's Civil Chambers Rules on Discovery Disputes). All discovery motions must be filed within 30 days of the service of an objection, answer, or response which becomes the subject of dispute, or the passage of a discovery due date without response or production, and only after counsel have met and conferred to resolve the dispute and requested an informal teleconference with the Court.

         2. The parties shall designate their respective experts in writing by July 28, 2017. The parties must identify any person who may be used at trial to present evidence pursuant to Rules 702, 703 or 705 of the Federal Rules of Evidence. This requirement is not limited to retained experts. The date for exchange of rebuttal experts shall be on or before August 18, 2017. The written designations shall include the name, address and telephone number of the expert and a reasonable summary of the testimony the expert is expected to provide. The list shall also include the normal rates the expert charges for deposition and trial testimony.

         3. On or before September 8, 2017, each party shall comply with the disclosure provisions in Rule 26(a)(2)(A) and (B) of the Federal Rules of Civil Procedure. This disclosure requirement applies to all persons retained or specially employed to provide expert testimony, or whose duties as an employee of the party regularly involve the giving of expert testimony. Except as provided in the paragraph below, any party that fails to make these disclosures shall not, absent substantial justification, be permitted to use evidence or testimony not disclosed at any hearing or at the time of trial. In addition, the Court may impose sanctions as permitted by Fed.R.Civ.P. 37(c).

         4. Any party shall supplement its disclosure regarding contradictory or rebuttal evidence under Rule 26(a)(2)(D) on or before September 29, 2017.

         5. Failure to comply with this section or any other discovery order of the court may result in the sanctions provided for in Fed.R.Civ.P. 37, including a prohibition on the introduction of experts or other designated matters in evidence.

         6. A Mandatory Settlement Conference shall be conducted on November 8, 2017, at 1:45 PM before Magistrate Judge Jill L. Burkhardt in Courtroom 5C, on the fifth floor of the Edward J. Schwartz U.S. Courthouse, 221 West Broadway, San Diego, California 92101. Defendants and defense counsel shall personally attend the settlement conference. Plaintiff shall appear telephonically. Counsel for Defendants shall assist in coordinating the arrangements for Plaintiff's telephonic appearance.

         Counsel or any party representing himself or herself shall LODGE confidential settlement statements in accordance with Magistrate Judge Burkhardt's Civil Chambers Rules, no later than October 27, 2017. The confidential settlement statements should be lodged by e-mail to efile_Burkhardt@casd.uscourts.gov. However, if e-mail is unavailable, settlement conference statements may be lodged by mail to the U.S. District Court, Southern District of California, Office of the Clerk, Attn: Magistrate Judge Burkhardt's Chambers, 333 West Broadway, Suite 420, San Diego, CA 92101. Settlement conference statements ...


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