Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Birch v. City of Atchison

United States District Court, D. Kansas

May 22, 2019

DALE W. BIRCH, Plaintiff,
v.
THE CITY OF ATCHISON, KANSAS, et al., Defendants.

          SCHEDULING ORDER

          James P. O'Hara, U.S. Magistrate Judge

         This is a civil-rights action filed by an individual who is incarcerated and not represented by a lawyer. Accordingly, Federal Rule of Civil Procedure 26(f), which generally requires parties to confer and propose a discovery plan before the court enters a scheduling order, does not apply. See Fed. R. Civ. P. 26(a)(1)(B)(iv) and 26(f). Additionally, initial disclosures regarding witnesses and documents upon which the parties intend to rely to support their claims and defenses, plaintiff's damage computations, and any insurance coverage defendants might have are not required in this case. See Fed. R. Civ. P. 26(a)(1)(B)(iv). The court therefore proceeds to enter the following scheduling order.

         The court orders the parties to comply with the following deadlines and discovery directives:

1. Any motion to amend the complaint or to add parties must be filed by July 22, 2019.
2. Any motion seeking dismissal of plaintiff's claims, whether based on failure to state a claim, failure to exhaust administrative remedies, or any other reason, must be filed by August 22, 2019.
3. Any motion for a protective order to govern the exchange of discovery (whether agreed to by both sides or not) shall be filed no later than July 22, 2019.
3.1 The party or parties seeking entry of a protective order must submit the proposed order (formatted in MS Word) as an attachment to an email sent to ksd_ohara_chambers@ksd.uscourts.gov.
3.2 The proposed order should follow the District of Kansas preapproved form protective order, available on the court's website: http://ksd.uscourts.gov/index.php/forms/?open=CivilForms.
4. Any discovery requests must be served by October 22, 2019.
4.1. No discovery requests may be served after this deadline except by stipulation of the parties or by court order for good cause shown.
4.2. Responses to discovery must be served within the time provided by the Federal Rules of Civil Procedure unless the parties stipulate otherwise.
5. Any deposition of plaintiff must be taken by September 23, 2019.
5.1. Leave of court for the taking of such deposition is granted pursuant to Federal Rule of Civil Procedure 30(a)(2)(B). The deposition may be taken by ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.