ELAYNA J. YOUCHAH, Magistrate Judge.
Before the Court is Defendants' Motion for Clarification Regarding Discovery Plan/Scheduling Order (ECF No. 26) and Plaintiff's Motion for Request of Scheduling Order (ECF No. 27). Defendants seek clarification of "an electronic `Notice of Electronic Filing' . . . issued [on January 6, 2020] wherein the Docket Text provided that a Discovery Plan/Scheduling Order was due byb . . . February 5, 2020." Id. at 2:8-10 (internal citation omitted). This notice was entered in error by the Clerk's Office.
Pursuant to LR 16-1(b), "in actions by or on behalf of inmates under 42 U.S.C. § 1983 . . . no discovery plan is required," rather "a scheduling order [is] entered within thirty (30) days after the first defendant answers or otherwise appears." Additionally, "actions brought without an attorney by a person in the custody of the United States, a state, or a state subdivision" are "governed by the entry of an order establishing a briefing scheduling and other appropriate matters[.]" LR 16-1(c)(3). This is an action brought under 42 U.S.C. § 1983. As Plaintiff points out, Defendants have appeared and a scheduling order has not yet been entered.
Further, Fed. R. Civ. P. 26(f)(1) states parties that are exempted from initial disclosures under Fed. R. Civ. P. 26(a)(1)(B) are exempted from Fed. R. Civ. P. 26(f)'s discovery conference requirements. See Fed. R. Civ. P. 26(f)(1). Fed. R. Civ. P. 26(a)(1)(B) exempts actions "brought without an attorney by a person in the custody of the United States, a state, or a state subdivision." Here, Plaintiff is incarcerated and does not have an attorney. Accordingly, LR 16-1 and Fed. R. Civ. P. 26 exempts the parties from providing a discovery plan and scheduling order. Therefore, this Court is required to enter the standard inmate discovery plan and scheduling order.
Accordingly, and for good cause shown,
IT IS HEREBY ORDERED that Defendant's Motion for Clarification Regarding Discovery Plan/Scheduling Order (ECF No. 26) is GRANTED.
IT IS FURTHER ORDERED that Plaintiff's Motion for Request of Scheduling Order (ECF No. 27) is GRANTED. The following scheduling deadlines apply:
1. DISCOVERY: Pursuant to LR 16-1(b), discovery in this action shall be completed on or before
2. Any and all pleadings that may be brought under Fed. R. Civ. P. 13 and 14 or joining additional parties under Fed. R. Civ. P. 19 and 20, shall be filed and served no later than
3. Amendments to pleadings as provided for under Fed. R. Civ. P. 15, if the same are allowed without leave of court, or motions for leave to amend, shall comply with LR 15-1 and shall be filed and served not later than
4. Expert disclosures shall be made on or before
5. Dispositive Motions shall be filed and served no later than
6. The Joint Pretrial Order is due by
7. The Interim Status Report must be filed or before
8. EXTENSIONS OF DISCOVERY: Pursuant to LR 26-4, an extension of the discovery deadline will not be allowed without a showing of good cause. All motions or stipulations to extend discovery shall be received by the Court at least twenty-one (21) days prior to the date fixed for completion of discovery by this Scheduling Order, or at least twenty-one (21) days prior to the expiration of any extension thereof that may have been approved by the Court. The motion or stipulation shall include:
(a) A statement specifying the discovery completed by the parties of the date of the motion or stipulation;
(b) A specific description of the discovery which remains to be completed;
(c) The reasons why such remaining discovery was not completed within the time limit of the existing discovery deadline; and
(d) A proposed schedule for the completion of all remaining discovery.