Fonseca et al v. City of Fresno

Filing 26

SCHEDULING ORDER - Discovery deadlines - Non Expert 9/2/2011; Expert 9/30/2011; Dispositive Motions filed by 10/24/2011, Hearing 12/14/2011; Non-Dispositive Motions filed by 10/14/2011, Hearing 11/18/2011; Settlement Conference set for 8/11/2011 at 1 0:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck; Pretrial Conference set for 2/1/2012 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill; Jury Trial set for 3/19/2012 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. Order signed by Magistrate Judge Dennis L. Beck on 9/14/2010. (Hernandez, M)

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Fonseca et al v. City of Fresno Doc. 26 1 2 3 4 5 6 7 8 GUADALUPE FONSECA, et al., 9 10 11 12 13 14 15 16 17 18 19 20 21 I. 22 September 8, 2010. 23 II. 24 Melanie Partow appeared on behalf of Plaintiffs. 25 James Arendt appeared on behalf of Defendants City of Fresno and Mark Wilcox. 26 James C. Phillips appeared on behalf of Defendant Mike Trenholm. 27 28 1 Appearances of Counsel Date of Scheduling Conference Trial: March 19, 2012 at 8:30 a.m. Courtroom 4 JT 5 to 7 days Pre-Trial Conference: February 1, 2012 at 8:30 a.m. Courtroom 4 Settlement Conference: August 11, 2011 at 10:00 a.m. Courtroom 9 ) ) ) ) Plaintiff(s), ) ) v. ) ) ) CITY OF FRESNO, et al., ) ) ) Defendant. ) ) ____________________________________ ) 1: 10 CV 00147 LJO DLB SCHEDULING ORDER (Fed.R.Civ.P 16) Discovery Deadlines: Non Expert: September 2, 2011 Expert: September 30, 2011 Non-Dispositive Motion Deadlines: Filing: October 14, 2011 Hearing: November 18, 2011 Dispositive Motion Deadlines: Filing: October 24, 2011 Hearing: December 14, 2011 U N IT E D STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 1 2 III. Discovery Plan and Cut-Off Date The parties are ordered to complete all discovery pertaining to non-experts on or 3 before September 2, 2011 and all discovery pertaining to experts on or before September 30, 4 2011. 5 The parties are directed to disclose all expert witnesses, in writing, on or before 6 August 5, 2011, and to disclose all supplemental experts on or before August 19, 2011. The 7 written designation of experts shall be made pursuant to Fed. R. Civ. P. Rule 26(a)(2), (A) and 8 (B) and shall include all information required thereunder. Failure to designate experts in 9 compliance with this order may result in the Court excluding the testimony or other evidence 10 offered through such experts that are not disclosed pursuant to this order. 11 The provisions of Fed. R. Civ. P. 26(b)(4) and (5) shall apply to all discovery 12 relating to experts and their opinions. Experts must be fully prepared to be examined on all 13 subjects and opinions included in the designation. Failure to comply will result in the imposition 14 of sanctions, which may include striking the expert designation and preclusion of expert 15 testimony. 16 The provisions of Fed. R. Civ. P. 26(e) regarding a party's duty to timely 17 supplement disclosures and responses to discovery requests will be strictly enforced. 18 19 IV. Pre-Trial Motion Schedule All Non-Dispositive Pre-Trial Motions, including any discovery motions, shall be 20 filed no later than October 14, 2011 and heard on or before November 18, 2011. Non-dispositive 21 motions are heard on Fridays at 9:00 a.m., before the Honorable Dennis L. Beck, United States 22 Magistrate Judge in Courtroom 9. Counsel must comply with Local Rule 251 with respect to 23 discovery disputes or the motion will be denied without prejudice and dropped from 24 calendar. 25 In scheduling such motions, the Magistrate Judge may grant applications for an 26 order shortening time pursuant to Local Rule 144(e). However, if counsel does not obtain an 27 28 2 1 order shortening time, the notice of motion must comply with Local Rule 251. 2 Counsel may appear and argue non-dispositive motions by telephone, providing a 3 written request to so appear is made to the Magistrate Judge's Courtroom Clerk no later than five 4 (5) court days before the noticed hearing date. In the event that more than one attorney requests to 5 appear by telephone then it shall be the obligation of the moving part(ies) to arrange and originate 6 a conference call to the court. 7 All Dispositive Pre-Trial Motions shall be filed no later than October 24, 2011 and 8 heard no later than December 14, 2011, in Courtroom 4 before the Honorable Lawrence J. O'Neill, 9 United States District Court Judge. In scheduling such motions, counsel shall comply with 10 Fed.R.Civ.P 56 and Local Rules 230 and 260. 11 12 Motions for Summary Judgment or Summary Adjudication Prior to filing a motion for summary judgment or motion for summary adjudication 13 the parties are ORDERED to meet, in person or by telephone, and confer to discuss the issues to 14 be raised in the motion. 15 The purpose of the meeting shall be to: 1) avoid filing motions for summary 16 judgment where a question of fact exists; 2) determine whether the respondent agrees that the 17 motion has merit in whole or in part; 3) discuss whether issues can be resolved without the 18 necessity of briefing; 4) narrow the issues for review by the court; 5) explore the possibility of 19 settlement before the parties incur the expense of briefing a summary judgment motion; 6) to 20 arrive at a joint statement of undisputed facts. 21 The moving party shall initiate the meeting and provide a draft of the joint 22 statement of undisputed facts. In addition to the requirements of Local Rule 260 the moving 23 party shall file a joint statement of undisputed facts. 24 In the notice of motion the moving party shall certify that the parties have met and 25 conferred as ordered above or set forth a statement of good cause for the failure to meet and 26 confer. 27 28 3 1 2 3 V. Pre-Trial Conference Date February 1, 2012 at 8:30 a.m. in Courtroom 4 before Judge O'Neill. The parties are ordered to file a Joint Pretrial Statement pursuant to Local Rule 4 281(a)(2). The parties are further directed to submit a digital copy of their pretrial statement in 5 Word Perfect X41 format, directly to Judge O'Neill's chambers by email at 6 7 Counsels' attention is directed to Rules 281 and 282 of the Local Rules of 8 Practice for the Eastern District of California, as to the obligations of counsel in preparing for the 9 pre-trial conference. The Court will insist upon strict compliance with those rules. In addition to 10 the matters set forth in the Local Rules the Joint Pretrial Statement shall include a Joint Statement 11 of the case to be used by the Court to explain the nature of the case to the jury during voir dire. 12 13 VI. Trial Date March 19, 2012 at 8:30 a.m. in Courtroom 4 before the Honorable Lawrence J. 14 O'Neill, United States District Court Judge. 15 16 17 18 19 20 21 VII. Settlement Conference A Settlement Conference is scheduled for August 11, 2011 at 10:00 a.m. in A. B. C. This is a jury trial. Counsels' Estimate of Trial Time: 5 to 7 days. Counsel's attention is directed to Local Rules of Practice for the Eastern District of California, Rule 285. 22 Courtroom 9 before the Honorable Dennis L. Beck, U.S. Magistrate Judge. 23 Unless otherwise permitted in advance by the Court, the attorneys who will try 24 the case shall appear at the Settlement Conference with the parties and the person or persons 25 26 27 28 If WordPerfect X4 is not available to the parties then the latest version of WordPerfect or any other word processing program in general use for IBM compatible personal computers is acceptable. 4 1 1 having full authority to negotiate and settle the case on any terms2 at the conference. 2 3 CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT At least five (5) court days prior to the Settlement Conference the parties shall 4 submit, directly to Judge Beck's chambers by e-mail to, a 5 Confidential Settlement Conference Statement. The statement should not be filed with the Clerk 6 of the Court nor served on any other party, although the parties may file a Notice of Lodging of 7 Settlement Conference Statement Each statement shall be clearly marked "confidential" with the 8 date and time of the Settlement Conference indicated prominently thereon. 9 10 11 The Confidential Settlement Conference Statement shall include the following: A. A brief statement of the facts of the case. B. A brief statement of the claims and defenses, i.e., statutory or other 12 grounds upon which the claims are founded; a forthright evaluation of the parties' likelihood of 13 prevailing on the claims and defenses; and a description of the major issues in dispute. 14 15 16 pretrial and trial. 17 18 E. The relief sought. F. The party's position on settlement, including present demands and offers C. A summary of the proceedings to date. D. An estimate of the cost and time to be expended for further discovery, 19 and a history of past settlement discussions, offers and demands. 20 21 22 23 24 25 26 27 28 Insurance carriers, business organizations, and governmental bodies or agencies whose settlement agreements are subject to approval by legislative bodies, executive committees, boards of directors or the like shall be represented by a person or persons who occupy high executive positions in the party organization and who will be directly involved in the process of approval of any settlement offers or agreements. To the extent possible the representative shall have the authority, if he or she deems it appropriate, to settle the action on terms consistent with the opposing party's most recent demand. 5 2 1 2 3 4 5 6 7 VIII. Request for Bifurcation, Appointment of Special Master, or other Techniques to Shorten Trial Not applicable at this time. IX. Related Matters Pending There are no pending related matters. X. Compliance with Federal Procedure All counsel are expected to familiarize themselves with the Federal Rules of Civil 8 Procedure and the Local Rules of Practice of the Eastern District of California, and to keep abreast 9 of any amendments thereto. The Court must insist upon compliance with these Rules if it is to 10 efficiently handle its increasing case load and sanctions will be imposed for failure to follow the 11 Rules as provided in both the Federal Rules of Civil Procedure and the Local Rules of Practice for 12 the Eastern District of California. 13 14 XI. Effect of this Order The foregoing order represents the best estimate of the court and counsel as to the 15 agenda most suitable to dispose of this case. The trial date reserved is specifically reserved for 16 this case. If the parties determine at any time that the schedule outlined in this order cannot be 17 met, counsel are ordered to notify the court immediately of that fact so that adjustments may be 18 made, either by stipulation or by subsequent status conference. 19 Stipulations extending the deadlines contained herein will not be considered 20 unless they are accompanied by affidavits or declarations, and where appropriate attached 21 exhibits, which establish good cause for granting the relief requested. 22 23 24 25 26 27 28 6 IT IS SO ORDERED. Dated: 3b142a Failure to comply with this order may result in the imposition of sanctions. September 14, 2010 /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE

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