Preslie Hardwick v. County of Orange et al

Filing 126

MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE WHY PLAINTIFFS AMENDED PROPOSED FINAL PRETRIAL CONFERENCE ORDER SHOULD NOT BE STRICKEN (Doc. 122-1) by Judge Josephine L. Staton. Therefore, Plaintiff is hereby ORDERED to show cause in writing no later than Tuesday, May 16, 2017, why the Court should not strike her amended proposed order. Plaintiff's response to this OSC shall include a redlined version of the amended order, showing all the changes from the parties' original proposed order , and explain Plaintiff's reasons for each change. No oral argument on this matter will be heard unless ordered by the Court. The Order to Show Cause will stand submitted upon the filing of Plaintiff's response. (see document for details). (dro)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. 8:13-cv-1390-JLS-ANx
Title: Preslie Hardwick v. County of Orange, et al.

Date: May 11, 2017

Present: Honorable JOSEPHINE L. STATON, UNITED STATES DISTRICT JUDGE

Terry Guerrero
Deputy Clerk
ATTORNEYS PRESENT FOR PLAINTIFF:

Not Present

N/A
Court Reporter
ATTORNEYS PRESENT FOR DEFENDANT:

Not Present

PROCEEDINGS: (IN CHAMBERS) ORDER TO SHOW CAUSE WHY
PLAINTIFF’S AMENDED PROPOSED FINAL PRETRIAL
CONFERENCE ORDER SHOULD NOT BE STRICKEN (Doc.
122-1)
The parties appeared before this Court on April 28, 2017 for their final pretrial
conference. (Minutes, Doc. 121.) At the conference, Plaintiff requested leave to amend
the parties’ proposed final pretrial conference order in order to include statements
pertaining to misrepresentations and omissions Defendants allegedly made on March 31,
2000 that contributed to Defendants’ alleged violation of Plaintiff’s Fourth and
Fourteenth Amendment rights. The Court granted Plaintiff leave to file an amended
proposed final pretrial conference order consistent with Plaintiff’s representations at the
final pretrial conference.
Later that same day, Plaintiff lodged her amended proposed order. (Amended
Proposed Order, Doc. 122-1.) On May 3, 2017, Defendants filed their objections to
Plaintiff’s proposed order. (Objections, Doc. 124.) Upon comparing the Plaintiff’s
proposed order with the parties’ original proposed order, the Court finds several
differences between the two that go beyond the scope of the Court’s leave to amend. For
example, Plaintiff has re-drafted language under “Claim 1” of the proposed order in the
section pertaining to the “elements of liability required to establish Plaintiff’s claims.”
(Compare Proposed Order at 5, Doc. 109-1 with Amended Proposed Order at 5.)
Plaintiff has also deleted the section, “Defendants’ Position on Plaintiff’s Statement of
Claims,” in the amended order and changed the list of depositions that will be lodged
with the Clerk. (Compare Proposed Order at 8–9, 14 with Amended Proposed Order at 8,
13–14.) Even where Plaintiff has included language regarding Defendants’
misrepresentations and omissions on March 31, 2000, the Court notes that Plaintiff did
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____________________________________________________________________________

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. 8:13-cv-1390-JLS-ANx
Title: Preslie Hardwick v. County of Orange, et al.

Date: May 11, 2017

not merely add this language to the proposed order but replaced and modified language
that had previously been in its place. (Compare Proposed Order at 5–6 with Amended
Proposed Order at 6.)
Therefore, Plaintiff is hereby ORDERED to show cause in writing no later than
Tuesday, May 16, 2017, why the Court should not strike her amended proposed order.
Plaintiff’s response to this OSC shall include a redlined version of the amended order,
showing all the changes from the parties’ original proposed order, and explain Plaintiff’s
reasons for each change. No oral argument on this matter will be heard unless ordered by
the Court. The Order to Show Cause will stand submitted upon the filing of Plaintiff’s
response.

Initials of Preparer: tg

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