Couch v. State of California, et al
Filing
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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 ljoorders@caed.uscourts.gov.
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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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