Frank Hearring v. William Gittere, et al.

Summary

This order in Frank Hearring v. William Gittere, et al. directs the parties to exchange initial disclosures and sets a mandatory case management conference for January 7, 2026. It also requires case management conference statements and explains that a subsequent scheduling order will govern further discovery and litigation deadlines.

Holdings

1. The court ordered all parties to exchange specified initial disclosures under Federal Rule of Civil Procedure 16, notwithstanding Rule 26(a)(1)(B), because the disclosures would assist in managing the action.
2. No discovery other than the initial disclosures ordered by the court may proceed until the court conducts the mandatory case management conference and enters a full scheduling order.
3. If Defendants intend to rely on failure to exhaust administrative remedies as an affirmative defense, they must provide Plaintiff with all documents they intend to use to support that defense.

Questions Presented

1. Whether the court should require initial disclosures under Federal Rule of Civil Procedure 16 notwithstanding the general exception in Rule 26(a)(1)(B) for actions brought by a person in custody.
2. Whether the court should suspend further discovery until after a mandatory case management conference and issuance of a scheduling order.
3. What information and preconference submissions the parties must provide to facilitate management of the prisoner civil-rights action.

Disposition

other