WILLIS v. KANDKHOROVA

Case No. 1:15-cv-01572-AWI-MJS (PC).

AVERILLE WILLIS, Plaintiff, v. NELLYA KANDKHOROVA, Defendant.

United States District Court, E.D. California.

Editors Note
Applicable Law: 42 U.S.C. § 1983
Cause: 42 U.S.C. § 1983 Prisoner Civil Rights
Nature of Suit: 550 Prisoner: Civil Rights
Source: PACER


Attorney(s) appearing for the Case

Averille Willis, Plaintiff, represented by Travis E. Stroud , TravisStroudLaw.

Nellya Kandkhorova, Defendant, represented by Annakarina De La Torre-Fennell , Office of the Attorney General.


ORDER REGARDING DISCOVERY DISPUTE PROCEDURES

MICHAEL J. SENG, Magistrate Judge.

Plaintiff is a former state prisoner proceeding in forma pauperis and with counsel in this civil rights action filed pursuant to 42 U.S.C. § 1983. The matter proceeds against Defendant Kandkhorova on Plaintiff's Eighth Amendment claim for inadequate medical care.

On June 20, 2016, the Court issued a discovery and scheduling order. (ECF No. 17.) At that time, Plaintiff was proceeding pro se and, accordingly, the Court ordered that neither Local Rule 251 nor the Federal Rules of Civil Procedure 26 and 37 requirement of a discovery conference would apply.

However, given the recent appointment of counsel for Plaintiff, all discovery disputes in this matter henceforth will be governed by the following procedures:

No written discovery motion may be noticed or set for hearing before Magistrate Judge Michael J. Seng without his prior approval.

A party with a discovery dispute shall confer with opposing counsel in a good faith effort to resolve the dispute without court action. If such effort fails, the moving party shall, prior to filing a notice of motion, contact Courtroom Deputy Megan Lafata at mlafata@caed.uscourts.gov to request a pre-motion Telephonic Discovery Dispute Conference (TDDC) with the Magistrate Judge. The request shall be deemed to include a professional representation by the requesting lawyer that a good faith effort to resolve the dispute took place but failed, and it shall advise the Court of dates and times in the next five day period when all concerned parties will be available to confer regarding the dispute.

The Court will issue a Minute Order advising counsel of the time and date of the telephone conference. No recording of the conference shall take place except with prior permission of the Court.

Not later than four business hours before the scheduled conference, each party may submit a one page brief objectively and factually outlining the dispute, the party's position on it, and the reasons therefore to mjsorders@caed.uscourts.gov The one page shall be in at least twelve point type and include the above-described information, the name of the party and the date of submission. It shall contain nothing more. There shall be no attachments. There shall be no editorializing. Inclusion therein of adjectives or adverbs or any characterization of an opponent's motives, methods, character, past practices, or the like shall subject the author to sanctions.

If the Magistrate Judge decides that motion papers and supporting memoranda are needed to satisfactorily resolve the dispute or if a dissatisfied party requests the Court, he shall approve the filing of a written motion in conformity with Local Rule 251(a). (The provisions of Local Rule 251 (b) through (f) will not apply unless the Magistrate Judge so orders.) Such motion shall, without limitation, (1) quote in full each interrogatory, deposition question, request for admission, or request for production in dispute and (2) the response or objection and grounds therefore as stated by the opposing party.

Unless otherwise ordered by the Court, deposition transcripts or discovery papers shall not be lodged or filed with the Court.

IT IS SO ORDERED.


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