Hill v. California Department of Corrections & Rehabilitation et al

Filing 112

ORDER SETTING a TELEPHONIC SCHEDULING CONFERENCE pursuant to the Ninth Circuit Court of Appeal's Opinion issued on 2/19/2013 affirming in part, reversing in part, and remanding the matter to the District Court. The TELEPHONIC SCHEDULING CONFERE NCE is set for 4/2/2013 at 11:00 AM in Courtroom 1 (SMS) before Magistrate Judge Sandra M. Snyder. The parties are DIRECTED to arrange for a one-line conference call to chambers at [phone]. Order signed by Magistrate Judge Sandra M. Snyder on 2/28/2013. (Rooney, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SHAWNA HARTMANN, CAREN HILL,

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Plaintiff(s),
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v.
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DEPARTMENT OF CORRECTIONS
AND REHABILITATION, ET AL.,

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Defendant(s).
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____________________________

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NO.

1:10-CV-45 LJO SMS

ORDER SETTING TELEPHONIC
MANDATORY SCHEDULING CONFERENCE
DATE: 4/2/2013
TIME: 11:00 AM
COURTROOM: 1 (8th Floor)
SANDRA M. SNYDER
U.S. MAGISTRATE JUDGE

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It is ordered that a formal Scheduling Conference (formerly

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called Status Conference) is set before the Assigned Magistrate

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Judge at the United States Courthouse, 2500 Tulare Street, Fresno,

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California, 93721.

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Federal Rule of Civil Procedure 26(f) requires that, no later

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than 21 days before the Scheduling Conference, the parties must

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“... confer to consider the nature and basis of their claims and

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defenses and the possibilities for a prompt settlement or

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resolution of the case, to make or arrange for the disclosures

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required by Rule 26(a)(1), and to develop a proposed discovery

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plan.”

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Federal Rule of Civil Procedure 26(d) provides that, unless

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authorized by Federal Rules of Civil Procedure, or by order or

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agreement of the parties, no party may seek discovery from any

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source before the parties have conferred as required by Rule 26(f).

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Federal Rule of Civil Procedure 26(a)(1) requires that,

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without waiting for a discovery request, a party must provide to

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other parties:

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(1)

The name, address, and telephone number of each

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individual likely to have discoverable information that the

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disclosing party may use to support its claims or defenses

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identifying the subjects of the information;

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(2)

A copy of, or a description by category and location of,

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all documents, data compilations, and tangible things that are in

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the possession, custody, or control or the party and that the

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disclosing party may use to support its claims or defenses;

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(3)

A computation of any category of damages claimed by the

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disclosing party, making available for inspection and copying as

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under Rule 34 the documents or other evidentiary material on which

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such computation is based, including materials bearing on the

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nature and extent of injuries suffered; and

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(4)

For inspection and copying as under Rule 34 any insurance

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agreement under which any person carrying on an insurance business

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can be liable to satisfy part of all of a judgment which may be

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entered in the action or to indemnify or reimburse for payments made

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to satisfy the judgment.

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Because of the mandates of Rule 16, supra, this Order may be

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served upon counsel for the plaintiff(s) before appearances of

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defendant(s) are due.

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plaintiff(s) to serve a copy of this Order on the defendant(s), or,

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if identified, on their counsel, promptly upon receipt of this

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It is the obligation of counsel for the

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Order, and to file an appropriate proof of such service with the

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Court, in compliance with Rule 5-135(a) of the Local Rules of

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Practice for the Eastern District of California.

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Attendance at the Scheduling Conference is mandatory upon each

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party not represented by counsel or, alternatively, by retained

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counsel.

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and law of the instant case, and who have full authority to bind his

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or her client, shall appear.

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this Scheduling Conference whenever possible.

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Only counsel who are thoroughly familiar with the facts

Trial counsel should participate in
It may be necessary

for counsel to spend as much as 45 minutes in this Conference.
A Joint Scheduling Report, carefully prepared and executed by

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all counsel, shall be electronically filed in CM/ECF, in full

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compliance with the requirements as set forth in Exhibit “A”

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attached hereto, one (1) full week prior to the Scheduling

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Conference, and shall be emailed, in Word or WordPerfect format, to

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[e-mail].

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For reference purposes, the Court requires that counsels' Joint

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Scheduling Report indicate the date, time, and courtroom of the

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Scheduling Conference opposite the caption on the first page of the

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Report.

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Counsel, may request that their appearance be by telephonic

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appearance.

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counsel shall decide which will be responsible for making prior

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arrangements for the one-line conference call, and shall initiate

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the call at the above-designated time.

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line, the call should then be placed to Judge Snyder’s chambers at

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[phone].

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If two or more parties wish to appear telephonically,

After all parties are on the

Additionally, counsel are directed to indicate on
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the face page of their Joint Scheduling Report that the conference

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will be telephonic.

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SHOULD COUNSEL FAIL TO APPEAR AT THE MANDATORY SCHEDULING

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CONFERENCE OR FAIL TO COMPLY WITH THE DIRECTIONS AS SET FORTH ABOVE,

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AN EX PARTE HEARING MAY BE HELD AND JUDGMENT OF DISMISSAL, DEFAULT,

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OR OTHER APPROPRIATE JUDGMENT MAY BE ENTERED, OR SANCTIONS,

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INCLUDING CONTEMPT OF COURT, MAY BE IMPOSED AND/OR ORDERED.

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DATED: 2/28/2013

/s/ SANDRA M. SNYDER
UNITED STATES MAGISTRATE JUDGE

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EXHIBIT "A"

At least twenty (21) days prior to the Mandatory Scheduling Conference, the actual
trial counsel for all parties shall conduct and conclude a conference at a time and place
arranged by counsel for the plaintiff(s). This conference shall preferably be a personal
conference between counsel but, due to the distances involved in this District, a
telephonic conference call involving all counsel is permissible. The Joint Scheduling
Report shall respond to the following items by corresponding numbered paragraphs:
1.

Summary of the factual and legal contentions set forth in the pleadings of
each party, including the relief sought by any party presently before the
Court.

2.

Any proposed amendment(s) to the pleadings presently on file shall be filed by
its proponent contemporaneously with the Joint Scheduling Report. If the
matter cannot be resolved at the Scheduling Conference, the matter will be set
as a Motion to Amend in accordance with the Rules of Practice of the Eastern
District of California.

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A summary detailing the uncontested and contested facts.

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A summary of the legal issues as to which there is no dispute, i.e.,
jurisdiction, venue, applicable federal or state law, etc., as well as a
summary of the disputed legal issues.

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The status of all matters which are presently set before the Court, i.e.,
hearing all motions, etc.
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A complete and detailed discovery plan, including:
(a)
(b)
(c)
(d)
(e)
(f)
(g)

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A report of the results of the conference required by Federal Rules of
Civil Procedure 26(f).
Any proposed changes in timing, form, or requirement for disclosures
required under Federal Rules of Civil Procedure 26(a).
Any changes which should be made in the limitations on discovery imposed
under Federal Rules of Civil Procedure 30, 31, and/or 33.
An outline of the subjects on which discovery may be needed.
Whether discovery should be conducted in phases or be limited to or
focused upon particular subjects.
A firm cut-off date for discovery.
A proposed date for disclosure of expert witnesses pursuant to Federal
Rules of Civil Procedure 26(a)(2).

Dates agreed to by all counsel for:
(a)

(b)
(c)

Filing pre-trial motions, with the understanding that motions will not
be entertained after the agreed upon date. (No later than 45 days prior
to the proposed Pre-Trial Conference date.)
Pre-Trial Conference date.
Trial date.

All of these dates should be considered firm dates. Dates should be set to allow
the Court to decide any matters under submission before the Pre-Trial Conference is set.
8.

At the conference referred to above, counsel are encouraged to discuss
settlement, and the Court will expect a statement in the Joint Scheduling
Report as to the possibility of settlement. Counsel shall indicate whether
they feel a settlement conference is desired, and when it should occur, i.e.,

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before further discover, after discovery, after pre-trial motions, etc.
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A statement as to whether the case is a jury or non-jury case.

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An estimate of the number of trial days required.
each party shall give his or her best estimate.

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Whether either party requests bifurcation of trial or has any other suggestion
for shortening trial. It should be noted that all federal tort claim cases
are bifurcated as a matter of course.

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Whether this matter is related to any matter pending in this court or any
other court, including any bankruptcy court.

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Joint Scheduling Reports are to be emailed, in Word or WordPerfect format, to
[e-mail].

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When counsel cannot agree,