Couch v. State of California, et al

Filing 230

ORDER on 229 Stipulation to Reset Dates, signed by District Judge Lawrence J. O'Neill on 7/3/2012. (Initial expert witness disclosures by any party shall be served no later than 10/19/2012. Supplemental expert witness disclosures by any par ty shall be served no later than 10/26/2012. All nonexpert discovery and related discovery motions (including motions to compel) shall be completed or heard no later than 10/12/2012. All expert discovery and related discovery motions (including motio ns to compel) shall be completed or heard no later than 11/30/2012. All pretrial motions, both dispositive and nondispositive (except discovery motions addressed above), shall be served and filed no later than 12/7/2012. All pretrial dispositive and nondispositive motions (except discovery motions addressed above) shall be set before the appropriate judge for a hearing to be conducted no later than 1/7/2013. The pretrial conference shall remain on April 9, 2013 at 8:30 a.m. in Department 4 (LJO) of thisCourt. A ten-day trial is set for 6/4/2013 at 9 a.m. in Department 4 (LJO) of this Court.)(Gaumnitz, 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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RYAN COUCH, et al.,

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CASE NO. CV F 08-1621 LJO DLB

Plaintiffs,

ORDER ON STIPULATION TO RESET
DATES
(Doc. 229.)

vs.
TOMMY WAN, et al.,

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Defendants.
/

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The parties have received two prior extensions of all discovery, motion and trial dates. The

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parties filed their July 2, 2012 stipulation to seek a third extension of all discovery, motion and trial

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dates for three months. The record indicates that the parties have not diligently pursued discovery and

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that plaintiffs’ discovery sought form the California Department of Corrections and Rehabilitation is

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overbroad and unfocused to contribute to discovery delays. The parties fail to demonstrate good cause

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to reset all discovery, motion and trial dates. As such, this Court RESETS and MAINTAINS dates as

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follows:

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1.

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Initial expert witness disclosures by any party shall be served no later than October 19, 2012.

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Supplemental expert witness disclosures by any party shall be served no later than October 26, 2012.

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Such disclosures must be made pursuant to F.R.Civ.P. 26(a)(2)(A) and (B) and shall include all

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information required thereunder. In addition, F.R.Civ.P. 26(b)(4) and F.R.Civ.P. 26(e) shall specifically

Expert Witnesses

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apply to all discovery relating to expert witnesses and their opinions. Each expert witness must be fully

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prepared to be examined on all subjects and opinions included in the designations. Failure to comply

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with these requirements will result in the imposition of appropriate sanctions, which may include the

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preclusion of testimony or other evidence offered through the expert witness. In particular, this Court

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will preclude testimony or other evidence if F.R.Civ.P. 26(e) is not strictly complied with.

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2.

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All nonexpert discovery and related discovery motions (including motions to compel) shall be

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completed or heard no later than October 12, 2012. All expert discovery and related discovery motions

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(including motions to compel) shall be completed or heard no later than November 30, 2012.

Discovery Cutoffs And Limits

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3.

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All pretrial motions, both dispositive and nondispositive (except discovery motions addressed

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above), shall be served and filed no later than December 7, 2012. All pretrial dispositive and

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nondispositive motions (except discovery motions addressed above) shall be set before the appropriate

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judge for a hearing to be conducted no later than January 7, 2013.

Pretrial Motion Schedule

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At the pretrial conference, the Court will set filing and hearing dates for motions in limine and

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Daubert motions. Such motions do not need to be served and filed in accordance with the December

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7, 2012 deadline.

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4.

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The pretrial conference shall remain on April 9, 2013 at 8:30 a.m. in Department 4 (LJO) of this

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Court. The parties are directed to file a joint pretrial statement which complies with the requirements

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of this Court’s Local Rule 16-281. In addition, the joint pretrial statement should include a brief factual

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summary and an agreed upon neutral statement of the case. An additional copy of the joint pretrial

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statement, carefully prepared and executed by all counsel, shall be electronically filed in CM/ECF and

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shall be e-mailed in Word or WordPerfect format to [e-mail].

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Pretrial Conference

The parties’ attention is directed to this Court’s Local Rules 16-281 and 16-282. This Court will
insist upon strict compliance with those rules.

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At the pretrial conference, the Court will set deadlines to file motions in limine, Daubert

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motions, final witness lists, exhibits, jury instructions, verdict forms, objections, and other trial
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documents.

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5.

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A ten-day trial is set for June 4, 2013 at 9 a.m. in Department 4 (LJO) of this Court.

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IT IS SO ORDERED.

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Dated:
66h44d

Trial Date

July 3, 2012

/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE

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