Paul Weldon v. Dyer et al

Filing 29

SCHEDULING ORDER signed by Magistrate Judge Stanley A. Boone on 12/11/13. Discovery Deadlines - Initial Disclosures: January 10, 2014, Non-Expert Discovery: August 27, 2014, Expert Disclosure: July 30, 2014, Supp Expert Disclosure: August 27, 20 14, Expert Discovery: September 10, 2014. Non-Dispositive Motion Deadlines - Filing: August 27, 2014, Hearing: Pursuant to Local Rules. Dispositive Motion Deadlines - Filing: September 10, 2014, Hearing: Pursuant to Local Rules. Pretrial Conference set for 12/3/2014 at 08:15 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill; Jury Trial set for 1/13/2015 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No. 1: 13-cv-00540-LJO-SAB

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SCHEDULING ORDER (Fed. R. Civ. P 16)
PAUL WELDON,

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Plaintiff,

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Non-Dispositive Motion Deadlines:
Filing: August 27, 2014
Hearing: Pursuant to Local Rules

v.

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Dispositive Motion Deadlines:
Filing: September 10, 2014
Hearing: Pursuant to Local Rules

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Discovery Deadlines:
Initial Disclosures: January 10, 2014
Non-Expert Discovery: August 27, 2014
Expert Disclosure: July 30, 2014
Supp Expert Disclosure: August 27, 2014
Expert Discovery: September 10, 2014

JOHN CONLEE, et al.,

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Defendants.

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Pre-Trial Conference:
December 3, 2014 at 8:15 a.m.
Courtroom 4
Trial: January 13, 2015 at 8:30 a.m.
Courtroom 4
Jury Trial - 5 Days

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I.

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The Scheduling Conference was held on December 10, 2013.

Date of Scheduling Conference

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II.

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Paul Weldon, in pro persona, appeared on behalf of Plaintiff.

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Erica Camarena appeared on behalf of Defendants.

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III.

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The Parties are ordered to exchange the initial disclosures required by Fed. R. Civ. P.

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Appearances of Counsel

Initial Disclosure under Fed. R. Civ. P. 26(a)(1)

26(a)(1) on or before January 10, 2014.

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IV.

Amendments to Pleading

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The parties do not anticipate any amendments to the pleadings at this time. The parties

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are advised that filing motions and/or stipulations requesting leave to amend the pleadings does

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not reflect on the propriety of the amendment or imply good cause to modify the existing

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schedule, if necessary. All proposed amendments must (A) be supported by good cause pursuant

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to Fed. R. Civ. P. 16(b) if the amendment requires any modification to the existing schedule, see

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Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992), and (B) establish,

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under Fed. R. Civ. P. 15(a), that such an amendment is not (1) prejudicial to the opposing party,

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(2) the product of undue delay, (3) proposed in bad faith, or (4) futile, see Foman v. Davis, 371

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U.S. 178, 182 (1962).

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V.

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The parties are ordered to complete all non-expert discovery on or before August 27,

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Discovery Plan and Cut-Off Dates

2014 and all expert discovery on or before September 10, 2014.

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The parties are directed to disclose all expert witnesses, in writing, on or before July 30,

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2014 and to disclose all supplemental experts on or before August 27, 2014. The written

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designation of retained and non-retained experts shall be made pursuant to Fed. R. Civ. P.

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26(a)(2), (A), (B) and (C) and shall include all information required thereunder. Failure to

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designate experts in compliance with this order may result in the Court excluding the testimony or

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other evidence offered through the experts that are not properly disclosed in compliance with this

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order.

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The provisions of Fed. R. Civ. P. 26(b)(4) and (5) shall apply to all discovery relating to

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experts and their opinions. Experts must be fully prepared to be examined on all subjects and
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opinions included in the designation. Failure to comply will result in the imposition of sanctions,

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which may include striking the expert designation and the exclusion of their testimony.

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The provisions of Fed. R. Civ. P. 26(e) regarding a party's duty to timely supplement
disclosures and responses to discovery requests will be strictly enforced.

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The parties are cautioned that the discovery/expert cut-off deadlines are the dates by

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which all discovery must be completed. Absent good cause, discovery motions will not be heard

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after the discovery deadlines. Moreover, absent good cause, the Court will only grant relief on a

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discovery motion if the relief requested requires the parties to act before the expiration of the

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relevant discovery deadline. In other words, discovery requests and deposition notices must be

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served sufficiently in advance of the discovery deadlines to permit time for a response, time to

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meet and confer, time to prepare, file and hear a motion to compel and time to obtain relief on a

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motion to compel. Counsel are expected to take these contingencies into account when proposing

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discovery deadlines. Compliance with these discovery cutoffs requires motions to compel be

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filed and heard sufficiently in advance of the discovery cutoff so that the Court may grant

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effective relief within the allotted discovery time. A party's failure to have a discovery dispute

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heard sufficiently in advance of the discovery cutoff may result in denial of the motion as

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untimely.

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VI.

Pre-Trial Motion Schedule

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Unless prior leave of Court is obtained at least seven (7) days before the filing date, all

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moving and opposition briefs or legal memorandum in civil cases shall not exceed twenty-five

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(25) pages. Reply briefs filed by moving parties shall not exceed ten (10) pages. Before

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scheduling any motion, the parties must comply with all requirements set forth in Local Rule 230

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and 251.

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A.

Non-Dispositive Pre-Trial Motions

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As noted, all non-expert discovery, including motions to compel, shall be completed no

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later than August 27, 2014.

All expert discovery, including motions to compel, shall be

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completed no later than September 10, 2014. Compliance with these discovery cutoffs requires

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motions to compel be filed and heard sufficiently in advance of the discovery cutoff so that the
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Court may grant effective relief within the allotted discovery time. A party’s failure to have a

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discovery dispute heard sufficiently in advance of the discovery cutoff may result in denial of the

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motion as untimely. Non-dispositive motions are heard on Wednesdays at 9:30 a.m., before

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United States Magistrate Judge Stanley A. Boone in Courtroom 9.

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In scheduling any non-dispositive motion, the Magistrate Judge may grant Applications

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for an Order Shortening Time pursuant to Local Rule 144(e). However, if counsel does not

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obtain an Order Shortening Time, the Notice of Motion must comply with Local Rule 251.

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Counsel may appear and argue non-dispositive motions by telephone, providing a written

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request to so appear is made to the Magistrate Judge's Courtroom Clerk no later than three (3)

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court days before the noticed hearing date. In the event that more than one attorney requests to

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appear by telephone, then it shall be the obligation of the moving party(ies) to arrange and

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originate a conference call to the court.

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Discovery Disputes: If a motion is brought under Fed. R. Civ. P. 37, the parties must

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prepare and file a Joint Statement re Discovery Disagreement (“Joint Statement”) as required by

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Local Rule 251. The Joint Statement must be filed seven (7) calendar days before the scheduled

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hearing date. Courtesy copies of all motion-related documents, declarations, and exhibits must be

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delivered to the Clerk’s Office by 10:00 a.m. on the fourth court day prior to the scheduled

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hearing date. Motions will be removed from the court’s hearing calendar if the Joint Statement is

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not timely filed or if courtesy copies are not timely delivered. In order to satisfy the meet and

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confer requirement set forth in Local Rule 251(b), the parties must confer and talk to each other

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in person, over the telephone or via video conferencing before the hearing about the discovery

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dispute. The Court may issue sanctions against the moving party or the opposing party if either

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party fails to meet and confer in good faith.

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B.

Dispositive Pre-Trial Motions

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All dispositive pre-trial motions shall be filed no later than September 10, 2014 and heard

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pursuant to the Local Rules in Courtroom 4 before United States District Judge Lawrence J.

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O’Neill. In scheduling such motions, counsel shall comply with Fed. R. Civ. P 56 and Local

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Rules 230 and 260.
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Motions for Summary Judgment or Summary Adjudication: Prior to filing a motion for

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summary judgment or motion for summary adjudication, the parties are ORDERED to meet, in

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person or by telephone, and confer to discuss the issues to be raised in the motion.

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The purpose of the meeting shall be to: 1) avoid filing motions for summary judgment

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where a question of fact exists; 2) determine whether the respondent agrees that the motion has

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merit in whole or in part; 3) discuss whether issues can be resolved without the necessity of

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briefing; 4) narrow the issues for review by the court; 5) explore the possibility of settlement

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before the parties incur the expense of briefing a summary judgment motion; and 6) to arrive at a

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Joint Statement of Undisputed Facts.

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The moving party shall initiate the meeting and provide a draft of the Joint Statement of

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Undisputed Facts. In addition to the requirements of Local Rule 260, the moving party shall

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file a Joint Statement of Undisputed Facts.

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In the Notice of Motion, the moving party shall certify that the parties have met and

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conferred as ordered above or set forth a statement of good cause for the failure to meet and

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confer.

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VII.

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The Pre-Trial conference is set for December 3, 2014 at 8:15 a.m. in Courtroom 4

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Pre-Trial Conference Date

before United States District Judge Lawrence J. O’Neill.

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The parties are ordered to file a Joint Pretrial Statement pursuant to Local Rule

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281(a)(2). The parties are further directed to submit a digital copy of their Pretrial Statement in

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Word format, directly to District Judge Lawrence J. O’Neill’s chambers by email at

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[e-mail].

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Counsels’ attention is directed to Rules 281 and 282 of the Local Rules for the Eastern

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District of California, as to the obligations of counsel in preparing for the pre-trial conference.

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The Court will insist upon strict compliance with those rules. In addition to the matters set forth

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in the Local Rules, the Joint Pretrial Statement shall include a Joint Statement of the Case to be

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used by the Court to explain the nature of the case to the jury during voir dire.

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VIII.

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Trial is set for January 13, 2015 at 8:30 a.m. in Courtroom 4 before District Judge

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Trial Date

Lawrence J. O’Neill.

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A.

This is a jury trial.

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B.

Counsels’ Estimate of Trial Time: 5 Days.

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C.

Counsels’ attention is directed to Local Rule 285 for the Eastern District of

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California.

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IX.

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Should the parties desire a settlement conference, they will jointly request one of the

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court, and one will be arranged. In making such request, the parties are directed to notify the

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court as to whether or not they desire the undersigned to conduct the settlement conference or to

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arrange for one before another judicial officer.

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X.

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Settlement Conference

Request for Bifurcation, Appointment of Special Master, or other Techniques
to Shorten Trial

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Not applicable at this time.

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XI.

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There are no pending related matters.

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XII.

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All counsel are expected to familiarize themselves with the Federal Rules of Civil

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Procedure and the Local Rules of the Eastern District of California, and to keep abreast of any

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amendments thereto.

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efficiently handle its increasing case load and sanctions will be imposed for failure to follow the

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Rules as provided in both the Federal Rules of Civil Procedure and the Local Rules for the

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Eastern District of California.

Related Matters Pending

Compliance with Federal Procedure

The Court must insist upon compliance with these Rules if it is to

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Additional requirements and more detailed procedures for courtroom practice before

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United States Magistrate Judge Stanley A. Boone can be found at the United States District Court

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for the Eastern District of California’s website (www.caed.uscourts.gov) under Judges; United

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States Magistrate Judge Stanley A. Boone (SAB).
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In the area entitled “Case Management

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Procedures,” there is a link to “Standard Information.” All parties and counsel shall comply with

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the guidelines set forth therein.

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XIII. Effect of this Order

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The foregoing order represents the best estimate of the court and counsel as to the agenda

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most suitable to dispose of this case. The trial date reserved is specifically reserved for this case.

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If the parties determine at any time that the schedule outlined in this order cannot be met, counsel

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are ordered to notify the court immediately of that fact so that adjustments may be made, either

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by stipulation or by subsequent status conference.

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Stipulations extending the deadlines contained herein will not be considered unless

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they are accompanied by affidavits or declarations, and where appropriate attached

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exhibits, which establish good cause for granting the relief requested. The parties are

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advised that due to the impacted nature of civil cases on the district judges in the Eastern

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District of California, Fresno Division, that stipulations to continue set dates are disfavored

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and will not be granted absent good cause.

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Lastly, should counsel or a party appearing pro se fail to comply with the directions

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as set forth above, an ex parte hearing may be held and contempt sanctions, including

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monetary sanctions, dismissal, default, or other appropriate judgment, may be imposed

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and/or ordered.

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IT IS SO ORDERED.
Dated:

December 11, 2013
UNITED STATES MAGISTRATE JUDGE

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