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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RYAN COUCH, et al., 12 13 14 CASE NO. CV F 08-1621 LJO DLB Plaintiffs, ORDER ON STIPULATION TO RESET DATES (Doc. 229.) vs. TOMMY WAN, et al., 15 Defendants. / 16 17 The parties have received two prior extensions of all discovery, motion and trial dates. The 18 parties filed their July 2, 2012 stipulation to seek a third extension of all discovery, motion and trial 19 dates for three months. The record indicates that the parties have not diligently pursued discovery and 20 that plaintiffs’ discovery sought form the California Department of Corrections and Rehabilitation is 21 overbroad and unfocused to contribute to discovery delays. The parties fail to demonstrate good cause 22 to reset all discovery, motion and trial dates. As such, this Court RESETS and MAINTAINS dates as 23 follows: 24 1. 25 Initial expert witness disclosures by any party shall be served no later than October 19, 2012. 26 Supplemental expert witness disclosures by any party shall be served no later than October 26, 2012. 27 Such disclosures must be made pursuant to F.R.Civ.P. 26(a)(2)(A) and (B) and shall include all 28 information required thereunder. In addition, F.R.Civ.P. 26(b)(4) and F.R.Civ.P. 26(e) shall specifically Expert Witnesses 1 1 apply to all discovery relating to expert witnesses and their opinions. Each expert witness must be fully 2 prepared to be examined on all subjects and opinions included in the designations. Failure to comply 3 with these requirements will result in the imposition of appropriate sanctions, which may include the 4 preclusion of testimony or other evidence offered through the expert witness. In particular, this Court 5 will preclude testimony or other evidence if F.R.Civ.P. 26(e) is not strictly complied with. 6 2. 7 All nonexpert discovery and related discovery motions (including motions to compel) shall be 8 completed or heard no later than October 12, 2012. All expert discovery and related discovery motions 9 (including motions to compel) shall be completed or heard no later than November 30, 2012. Discovery Cutoffs And Limits 10 3. 11 All pretrial motions, both dispositive and nondispositive (except discovery motions addressed 12 above), shall be served and filed no later than December 7, 2012. All pretrial dispositive and 13 nondispositive motions (except discovery motions addressed above) shall be set before the appropriate 14 judge for a hearing to be conducted no later than January 7, 2013. Pretrial Motion Schedule 15 At the pretrial conference, the Court will set filing and hearing dates for motions in limine and 16 Daubert motions. Such motions do not need to be served and filed in accordance with the December 17 7, 2012 deadline. 18 4. 19 The pretrial conference shall remain on April 9, 2013 at 8:30 a.m. in Department 4 (LJO) of this 20 Court. The parties are directed to file a joint pretrial statement which complies with the requirements 21 of this Court’s Local Rule 16-281. In addition, the joint pretrial statement should include a brief factual 22 summary and an agreed upon neutral statement of the case. An additional copy of the joint pretrial 23 statement, carefully prepared and executed by all counsel, shall be electronically filed in CM/ECF and 24 shall be e-mailed in Word or WordPerfect format to ljoorders@caed.uscourts.gov. 25 26 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. 27 At the pretrial conference, the Court will set deadlines to file motions in limine, Daubert 28 motions, final witness lists, exhibits, jury instructions, verdict forms, objections, and other trial 2 1 documents. 2 5. 3 A ten-day trial is set for June 4, 2013 at 9 a.m. in Department 4 (LJO) of this Court. 4 IT IS SO ORDERED. 5 Dated: 66h44d Trial Date July 3, 2012 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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