Summary
This is an order from the United States District Court for the Eastern District of California requiring the parties to submit statements regarding scheduling and discovery. The order sets a thirty-day deadline and identifies topics the parties must address, including witnesses, documents, expert testimony, exhaustion, investigations, recordings, and defendant identity.
Topics
Practice areas
Questions Presented
- What scheduling and discovery information must the parties provide before the court schedules the case?
- What additional information must defendants provide concerning exhaustion, investigations, recordings, photographs, and whether the named defendants are the proper responsible parties?
Holdings
- Each party must file a document titled "SCHEDULING AND DISCOVERY STATEMENT" within thirty days after service of the order, addressing the claims and defenses, potential witnesses, trial documents, third-party documents, and intended expert-witness use.
- Defendants must also address whether a subpoena to Plaintiff's institution will be necessary, whether they will challenge exhaustion and when they will be prepared to seek summary judgment on exhaustion, whether investigative evidence exists, whether recordings or photographs exist, and whether the named defendants will challenge their responsibility for the alleged conduct.
Key quotations
“The statements regarding the schedule and discovery shall be filed within thirty days from the date of service of this order.” (at 1)
“They should be filed with the Court, titled “SCHEDULING AND DISCOVERY STATEMENT,” and include the name of the party filing the statement.” (at 1)
Factual background
The action is a prisoner civil-rights case brought by Benigno Sanchez against Samadini and other defendants. The court had screened the complaint and ordered the case to proceed. The order addresses the information needed from the parties to facilitate scheduling and discovery, including claims and defenses, witnesses, documents, experts, exhaustion, investigations, recordings, photographs, and the proper identification of responsible defendants.
Procedural history
The court screened Plaintiff's complaint and allowed the action to proceed. Before scheduling the case, the court ordered each party to file a scheduling and discovery statement within thirty days after service of the order.