RONALD M. WHYTE, District Judge.
Following the case management conference held on March 13, 2015, the Court received an email from plaintiffs requesting further clarification on issues raised at the case management conference. See Exhibit 1 to this Order. This order addresses those issues:
The Court set the following dates, which were agreed to by the parties:
The Court set the following discovery limits:
For purposes of discovery, only the following claims are at issue in the case:
Both parties should preserve evidence related to other claims that Judge Chen previously ordered be maintained.
Plaintiff Adi I Hi ramanek raised numerous potential motions. The Court acknowledged that plaintiffs may file noticed motions on imbues they believe have merit. However, plaintiffs should not bring motions that raise issues that were previously decided. For example, plaintiffs sought permission to bring a motion under Rule 54(b). Plaintiffs have al rowdy filed one such motion, Dkt. No. 129, which was denied, Dkt. No. 166. Plaintiff Adil raised the ponsibility of a "Mitchum v Foster" motion, a motion to bifurcate issues, and a motion to add Burgess as a defendant. Should plaintiffs file a motion to add Burgess as a defendant, the motion must set forth the specific facts to be asserted against Burgess.
Finally, plaintiff requested that the proceedings be recorded. As noted in the case management order, the proceedings were reported by the court reporter. Dkt. No. 200. Plaintiff may order a transcript of the proceedings.
IT IS SO ORDERED.
Hi Ms. Garcia,
The minute order [Docket #200] of the last Friday's [3/13/15] CMC, presumably prepared by you, is incomplete. Along with Burgess matter, I raised the following issues:
1. Claims dismissed at district court level but which may not be addressed 4-5 years from the date of claims due to length of case time and Plaintiff Roda's 85 year age. I suggested, and the Judge agreed, that I could file a motion now to certify those issues/claims for appeal
2. I raised Defendants conflict of interest and sabotaging of the federal case, and proposed a "Mitchum v. Foster" motion, which the Judge said I could file the motion for his consideration
3. I raised bifurcation of issues, which the Judge agreed upon, but stated that he will consider it on motion, or down the road. I gave the example of there would be no need for counsel Mark Bernal to be present in a deposition or trial on ADA issues, which are being defended, now by counsel Tara Clancy
4. I objected to the small quota/limits on depositions, interrogatories and requests for admission. The Judge stated that these are initial limits, and if the need arises, a party may request for the limits to be relaxed
5. I asked that for the benefit of absent Plaintiff Roda, and even due to her poor language skills if the court proceedings could be recorded, so that the proceedings could be played back at a speed and repeated for her to understand at her 85 years of age, with hearing and language impairment. I believe the Judge was amenable to it.
6. The judge also said that the previous court orders on point, except lifting of stay on discovery, remain in place. This included Judge Chen's prior court orders on preserving discovery on claims dismissed that may come back to the district court after appeal.
Please incorporate the above events of the CMC in the minute order, and revised Docket #200
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