Fratus v. Peterson et al

Filing 209

ORDER on Motions, signed by District Judge Roslyn O. Silver on 9/1/15. Denying 202 Motion ; Denying 204 Motion ; Granting in Part and Denying in Part 208 Motion for Extension. (Gonzalez, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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John Fratus,

No. CV-08-01500-ROS (PC)
Plaintiff,

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v.

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ORDER

Sergeant Peterson, et al,

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Defendant.

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Plaintiff seeks an order requiring a formal settlement conference. Defendants

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indicate they have been considering Plaintiff’s settlement demands but they do not

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indicate whether they oppose a formal settlement conference. Rather than requiring a

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formal settlement conference at this time, Plaintiff and Defendants will be instructed to

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confer in good faith regarding settlement, and defense counsel will be required to file a

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statement indicating whether a settlement conference would be useful.

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Plaintiff also requests appointment of an expert witness. The allegations in this

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suit involve excessive force. The present record does not establish appointment of an

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expert witness is appropriate. Therefore, this request will be denied.

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Finally, Defendants seek a ninety-day extension of time in which to take

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Plaintiff’s deposition.

Based on the age of this case, a more limited extension is

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appropriate. The discovery period will be extended for thirty days for the limited purpose

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of taking Plaintiff’s deposition. The deadline has passed for seeking additional written

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discovery and there is no indication more time is needed to conduct such discovery. If

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Defendants are unable to complete the deposition of Plaintiff in the extended time period,

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they shall file a detailed explanation of their efforts and the date by which they expect to

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be able to take the deposition.

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Accordingly,

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IT IS ORDERED the Motion for Settlement Conference (Doc. 202) is DENIED.

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IT IS FURTHER ORDERED no later than September 15, 2015, the parties shall

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confer and determine whether a settlement conference would be useful. No later than

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September 18, 2015, defense counsel shall file a statement indicating the parties’

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positions on scheduling a settlement conference.
IT IS FURTHER ORDERED the Motion to Appoint Expert Witness (Doc. 204)
is DENIED.

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IT IS FURTHER ORDERED the Motion for 90-Day Extension (Doc. 208) is

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GRANTED IN PART. Defendants shall complete Plaintiff’s deposition by September

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30, 2015. All dispositive motions shall be filed no later than October 23, 2015. If no

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dispositive motion is filed, the parties shall file their pretrial documents as outlined in

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Doc. 200, paragraph P, no later than November 6, 2015.

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Dated this 1st day of September, 2015.

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Honorable Roslyn O. Silver
Senior United States District Judge

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