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McCain v. Skelly

January 17, 2008

ADRIAN MCCAIN, PLAINTIFF,
v.
CORRECTIONAL OFFICER C. SKELLY, CORRECTIONAL OFFICER P. WEED, DEFENDANTS.



The opinion of the court was delivered by: Leslie G. Foschio United States Magistrate Judge

SCHEDULING ORDER

The parties having consented to proceed before a magistrate judge and a conference having been held on January 16, 2008 with counsel relative to the matter and the entry of a scheduling order as provided in Fed.R.Civ.P. Rule 16(b) and Local Rule 16.1(a), it is ORDERED that:

1. All motions to join parties or amend the pleadings shall be filed not later than February 15, 2008.

2. All fact discovery in this case shall conclude on July 18, 2008. All motions to compel discovery shall be filed on or before August 8, 2008. Plaintiff shall serve and file his initial interrogatories and document requests not later than February 18, 2008.

3. The defendants may depose the plaintiff pursuant to Fed.R.Civ.P. 30(a), in person or by telephone at the correctional facility where he presently resides. The plaintiff shall be provided reasonable notice, at least 30 days in advance of the deposition, pursuant to Fed.R.Civ.P. 30(b)(1). If the plaintiff's deposition is to be taken in person, such security measures shall be taken as are necessary in the opinion of the superintendent of the correctional facility where the deposition is to be taken, including, but not limited to, the presence of corrections officers in the examining room, but provided that no officer assigned as a member of a security detail is a party to this action.

4. A further pretrial conference will be held with the undersigned at 310 U.S. Courthouse, Buffalo, New York on September 11, 2008 at 11:00 a.m. to discuss the possibility of settlement. The court directs that representatives of the parties with full settlement authority be present at that time. In preparation for the settlement conference, counsel shall consult Local Rule 16.1(c). Prior to the conference the parties are expected to exchange a demand and an offer in a good faith effort to settle the case without court involvement.

It is requested that the Attorney General arrange for the correctional facility to provide the Plaintiff with access to a private telephone at that time and that the Assistant Attorney General assigned to this matter appear personally at my courtroom at the time of the scheduled conference call. It is also requested that the Plaintiff be given permission to have his legal papers relative to this action available at the time of the conference call.

5. Dispositive motions, if any, shall be filed no later than October 31, 2008. Such motions shall be made returnable before the Magistrate Judge.

The attached guidelines shall govern all depositions. Counsel's attention is directed to Fed.R.Civ.P Rule 16(f) calling for sanctions in the event of failure to comply with any direction of this court.

SO ORDERED.

Buffalo, New York

GUIDELINES FOR DISCOVERY DEPOSITIONS

(1) At the beginning of the deposition, deposing counsel shall instruct the witness to ask deposing counsel, rather than the witness's own counsel, for clarifications, definitions, or explanations of any words, questions, or documents presented during the course of the deposition. The witness shall abide by these instructions.

(2) All objections, except those which would be waived if not made at the deposition under Fed.R.Civ.P. 32(d)(3)(B), and those necessary to assert a privilege, to enforce a limitation on evidence directed by the court, or to present a motion pursuant to Fed.R.Civ.P. 30(d), shall be preserved. Therefore, ...


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