Shepard v. Cohen et al

Filing 93

SCHEDULING ORDER Following Status Conference Held on April 6, 2016, signed by Magistrate Judge Erica P. Grosjean on 4/7/16: Settlement Conference 5/20/16 at 10:30 AM, Ctrm 10 (EPG); Confidential Settlement Conference Statements Due 5/13/2016; Telephonic Trial Confirmation Hearing 6/20/2016 at 1:30 PM, Ctrm 5 (DAD); and Jury Trial 8/2/2016 at 1:00 PM, Ctrm 5 (DAD). (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LAMONT SHEPARD,
Plaintiff,

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vs.

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COHEN, et al.,
Defendants.

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1:11-cv-00535-DAD-EPG-PC
SCHEDULING ORDER FOLLOWING
STATUS CONFERENCE HELD ON
APRIL 6, 2016
Settlement Conference:
May 20, 2016 at 10:30 a.m.
Courtroom 10 (EPG)
Confidential Settlement Conference
Statements Due:
May 13, 2016

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Telephonic Trial Confirmation Hearing:
June 20, 2016 at 1:30 p.m.
Courtroom 5 (DAD)

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JURY TRIAL:
August 2, 2016 at 1:00 p.m.
Courtroom 5 (DAD)

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I.

BACKGROUND

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Plaintiff, Lamont Shepard (“Plaintiff”), is a state prisoner proceeding pro se and in

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forma pauperis with this civil rights action pursuant to 42 U.S.C. ' 1983. Plaintiff filed the

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Complaint commencing this action on March 30, 2011. (ECF No. 1.) This action now

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proceeds on the Second Amended Complaint filed on May 19, 2014, against defendants
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Sergeant J. Lopez, C/O Z. Dean, and C/O J. Campbell on Plaintiff's excessive force claim.

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(ECF No. 41.)

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dispositive motions in this case have expired. Plaintiff filed a motion for summary judgment

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on October 14, 2014, and Defendants filed a cross-motion for summary judgment on December

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8, 2014. (ECF Nos. 60, 67.) On September 28, 2015, the Court denied Plaintiff’s motion for

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summary judgment and granted in part Defendants’ motion for summary judgment. (ECF No.

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85.) No other motions are pending. On December 21, 2015, the Court dismissed Defendant

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Dr. Cohen from this action, due to Plaintiff’s failure to effect service, without prejudice. (ECF

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No. 90.)

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II.

The deadlines for completion of discovery and for the filing of pretrial

STATUS CONFERENCE

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On April 6, 2016 at 2:00 p.m., a telephonic status conference was held before

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Magistrate Judge Erica P. Grosjean. Plaintiff appeared telephonically on his own behalf, and

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California Deputy Attorney General John P. Walters appeared telephonically on behalf of

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Defendants.

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The parties discussed the status of this case, consent to Magistrate Judge jurisdiction for

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trial, and the possibility of settlement. Defendants declined Magistrate Judge jurisdiction.

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Therefore, District Judge Dale A. Drozd shall preside over the trial for this case. Jury trial

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before Judge Drozd is now scheduled to commence on August 2, 2016 at 1:00 p.m., and a

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telephonic trial confirmation hearing before Judge Drozd is scheduled for June 20, 2016 at

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1:30 p.m.

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A Settlement Conference was scheduled for May 20, 2016 at 10:30 a.m. before

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Magistrate Judge Erica P. Grosjean. Plaintiff and defense counsel must appear in person and

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participate in the settlement conference. The Court shall issue a transportation Writ to bring

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Plaintiff to the Court for the settlement conference. The parties’ Confidential Settlement

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Conference Statements shall be due one week before the settlement conference, no later than

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May 13, 2016.

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III.

CONCLUSION
Based on the foregoing, IT IS HEREBY ORDERED that:
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A Settlement Conference is scheduled for May 20, 2016 at 10:30 a.m., before

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Magistrate Judge Erica P. Grosjean in Courtroom 10 at the United States

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Courthouse, Sixth Floor, Courtroom 10, 2500 Tulare Street, Fresno, California;

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2.

Defense counsel shall appear at the Settlement Conference in person with full

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authority to negotiate and settle the case on any terms. Government entities may

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appear through litigation counsel only, but must have immediate access to the

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individual with settlement authority.

The failure of any counsel, party or

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authorized person subject to this order to appear in person may result in the

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imposition of sanctions;

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3.

Plaintiff shall appear in person at the Settlement Conference. The Court shall

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issue a transportation Writ to bring Plaintiff to the Court for the Settlement

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Conference;

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4.

Each party shall provide a Confidential Settlement Conference Statement to:
Chambers of Magistrate Judge Erica P. Grosjean
United States District Court
2500 Tulare Street, Room 1501
Fresno, California 93721

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so they are received no later than May 13, 2016, and file a Notice of

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Submission of the Confidential Settlement Conference Statement with the Clerk

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of the Court (See L.R. 270(d)). Settlement statements should not be filed with

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the Clerk of the Court nor served on any other party. Settlement statements

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shall be clearly marked “CONFIDENTIAL” with the date and time of the

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Settlement Conference indicated prominently thereon. The Confidential

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Settlement Conference Statement shall be no longer than five pages in length,

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typed or neatly printed, and include the following:

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a.

A brief statement of the claims and defenses, i.e., statutory or
other grounds upon which the claims are founded; a forthright
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evaluation of the parties likelihood of prevailing on the claims

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and defenses; and a description of the major issues in dispute;

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b.

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An evaluation of damages expected at trial if Plaintiff prevails on
his claims;

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c.

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An estimate of the cost and time to be expended for further
discovery, pretrial, and trial;

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d.

The relief sought;

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e.

The party’s position on settlement, including present demands

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and offers and a history of past settlement discussions, offers, and

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demands; and

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f.

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settlement conference;
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A brief statement of each party’s expectations and goals for the

A telephonic trial confirmation hearing is scheduled for June 20, 2016 at 1:30
p.m. before District Judge Dale A. Drozd in Courtroom 5; and

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Jury trial for this case is scheduled to commence on August 2, 2016 at 1:00
p.m. before District Judge Dale A. Drozd in Courtroom 5.

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IT IS SO ORDERED.
Dated:

April 7, 2016

/s/
UNITED STATES MAGISTRATE JUDGE

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