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7 UNITED STATES DISTRICT COURT

8 EASTERN DISTRICT OF CALIFORNIA

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10 LAMONT SHEPARD, Case No. 1:23-cv-01486-KES-EPG (PC)

11 Plaintiff, ORDER REQUIRING STATEMENTS FROM

12 v. PARTIES REGARDING SCHEDULE AND DISCOVERY 13 S. GANNON, et al., THIRTY (30) DAY DEADLINE 14 Defendants. 15 Plaintiff Lamont Shepard is a state prisoner proceeding pro se in this civil rights action 16 filed pursuant to

. Plaintiff filed his initial complaint on October 18, 2024 17 (ECF. No. 1), then filed First Amended Complaint (ECF No. 14) on January 29, 2024. 18 Following screening, the case proceeds on the following claims: 19 1. for excessive use of force against (1) Officer Gannon, (2) Officer Levinson, (3) 20 Sgt. Cody Williams, (4) Officer Jesse Diaz, and (5) Officer J. Rivas; 21 2. for retaliation against (1) Officer Gannon, (2) Officer Levinson, and 22 (3) Lt. C. Martinez; 3. for conspiracy against (1) Officer Gannon, (2) Officer Levinson, and 23 (3) Lt. C. Martinez; and 24 4. for deliberate indifference to serious medical needs against Nurse Shantel 25 Reyna. 26 (ECF Nos. 23, 24). Defendants have appeared and filed their Answer on September 18, 2024. 27 (ECF No. 34). Before scheduling further proceedings in this case, the Court will require each 28 party to submit a statement regarding the schedule and discovery matters. 1 The statements regarding the schedule and discovery shall be filed within thirty days 2 from the date of service of this order. They should be filed with the Court, titled 3 “SCHEDULING AND DISCOVERY STATEMENT,” and include the name of the party filing 4 the statement. They shall address all of the following issues: 5 i. A brief summary of the parties’ claims and/or defenses. 6 ii. The name and, if known, the address and telephone number of each witness, 7 besides expert witnesses, the party may call at trial. 8 iii. A description by category and location of all documents the party may use at 9 trial. 10 iv. Whether any third parties, other than Plaintiff’s institution of confinement, 11 are likely to have relevant documents. 12 v. Whether the party intends to use expert witnesses. 13 vi. If a settlement conference has not occurred, when the party will be prepared 14 to participate in a settlement conference. 15 Defendant(s)’ Scheduling and Discovery Statement shall also address all of the 16 following issues: 17 vii. Whether a third-party subpoena directed at Plaintiff’s institution of 18 confinement will be necessary to obtain relevant documents. 19 viii. Whether Defendant(s) intend to challenge the issue of exhaustion and, if so, 20 when Defendant(s) will be ready to file a motion for summary judgment 21 regarding the issue of exhaustion. 22 ix. Whether witness statements and/or evidence were generated from 23 investigation(s) related to the event(s) at issue in the complaint, such as an 24 investigation stemming from the processing of Plaintiff’s grievance(s).1 25

26 1 See Woodford v. Ngo,

, 94–95 (2006) (“[P]roper exhaustion improves the quality of those prisoner suits that are eventually filed because proper exhaustion often results in the creation of 27 an administrative record that is helpful to the court. When a grievance is filed shortly after the event giving rise to the grievance, witnesses can be identified and questioned while memories are still fresh, 28 and evidence can be gathered and preserved.”). 1 x. | Whether there are any video recordings or photographs related to the 2 incident(s) at issue in the complaint, including video recordings and 3 photographs of Plaintiff taken following the incident(s). 4 x1. Whether Defendant(s) intend to argue that Defendant(s) are not properly 5 named because they are not the individual(s) responsible for the action(s) 6 described in the complaint (i.e., someone else did or is responsible for the 7 action(s) alleged in the complaint). 8 Finally, any party may also include any information that the party believes would assist 9 discovery and/or scheduling the case. 10 11 IS SO ORDERED. || Dated: _ October 21, 2024 [JF 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28