Ramirez v. Bakersfield Police Dept., et al.

Filing 41

SCHEDULING ORDER, signed by Magistrate Judge Jennifer L. Thurston on 5/4/2015. Pleading Amendment Deadline 9/25/2015. Discovery Deadlines: Initial Disclosures 6/5/2015; Non-Expert 2/1/2016; Expert 4/8/2016. Mid-Discovery Status Conference set for 11 /10/2015 at 09:00 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. Non-Dispositive Motion Deadlines: Filed by 4/18/2016; Hearing by 5/16/2016. Dispositive Motion Deadlines: Filed by 5/23/2016; Hearing by 7/5 /2016. Pretrial Conference set for 8/16/2016 at 08:30 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. Jury Trial set for 9/26/2016 at 08:30 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Hall, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

ANTONIO RAMIREZ, JR.,

12
13

Plaintiff,
v.

14

BAKERSFIELD POLICE DEPT., et al.,

15

Defendants.

16

)
)
)
)
)
)
)
)
)

1:14-CV-00978- JLT
SCHEDULING ORDER (Fed. R. Civ. P. 16)
Pleading Amendment Deadline: 9/25/2015
Discovery Deadlines:
Initial Disclosures: 6/5/2015
Non-Expert: 2/1/2016
Expert: 4/8/2016
Mid-Discovery Status Conference:
11/10/2015 at 9:00 a.m.

17
18

Non-Dispositive Motion Deadlines:
Filing: 4/18/2016
Hearing: 5/16/2016

19
20
21

Dispositive Motion Deadlines:
Filing: 5/23/2016
Hearing: 7/5/2016

22
23

Pre-Trial Conference:
8/16/2016 at 8:30 a.m.
510 19th Street, Bakersfield, CA

24
25

Trial: 9/26/2016 at 8:30 a.m.
510 19th Street, Bakersfield, CA
Jury trial: 3-5 days

26
27
28
1

1

I.

May 4, 2015.

2
3

Date of Scheduling Conference

II.

Appearances of Counsel

4

Plaintiff appeared in pro per.

5

Heather Cohen appeared on behalf of Defendants.

6

III.

Pleading Amendment Deadline
Any requested pleading amendments are ordered to be filed, either through a stipulation or

7
8

motion to amend, no later than September 25, 2015.

9

IV.

10
11
12
13
14

Discovery Plan and Cut-Off Date
The parties are ordered to exchange the initial disclosures required by Fed. R. Civ. P. 26(a)(1)

on or before June 5, 2015.
The parties are ordered to complete all discovery, pertaining to non-experts on or before
February 1, 2016, and all discovery related to experts no later than April 8, 2016.
The parties are directed to disclose all expert witnesses, in writing, on or before February 12,

15

2016, and to disclose all rebuttal experts on or before March 11, 2016. The written designation of

16

retained and non-retained experts shall be made pursuant to Fed. R. Civ. P. Rule 26(a)(2), (A), (B),

17

and (C) and shall include all information required thereunder. Failure to designate experts in

18

compliance with this order may result in the Court excluding the testimony or other evidence offered

19

through such experts that are not disclosed pursuant to this order.

20

The written designation of retained and non-retained experts shall be made pursuant to Fed. R.

21

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

22

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

23

evidence offered through such experts that are not disclosed pursuant to this order.

24

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

25

and their opinions. Experts must be fully prepared to be examined on all subjects and opinions

26

included in the designation. Failure to comply will result in the imposition of sanctions, which may

27

include striking the expert designation and preclusion of expert testimony.

28

The provisions of Fed. R. Civ. P. 26(e) regarding a party’s duty to timely supplement
2

1

disclosures and responses to discovery requests will be strictly enforced.
A mid-discovery status conference is scheduled for November 10, 2015, at 9:00 a.m. before the

2
3

Honorable Jennifer L. Thurston, United States Magistrate Judge, at the United States District

4

Courthouse located at 510 19th Street, Bakersfield, California. A Joint Mid-Discovery Status

5

Conference Report, carefully prepared and executed by all counsel, shall be electronically filed in

6

CM/ECF, one (1) full week prior to the Conference and shall be e-mailed, in Word format to,

7

[e-mail]. Counsel may appear by telephone, provided a written request to so

8

appear is made to the Magistrate Judge's Courtroom Clerk no later than five (5) court days before the

9

noticed hearing date. In the event that more than one attorney requests to appear by telephone then it

10

shall be the obligation of the requesting part(ies) to arrange a Court Call conference.

11

V.

12

Pre-Trial Motion Schedule
All non-dispositive pre-trial motions, including any discovery motions, shall be filed no later

13

than April 18, 2016, and heard on or before May 16, 2016. Non-dispositive motions are heard at 9:00

14

a.m. at the United States District Courthouse in Bakersfield, California, before the Honorable Jennifer

15

L. Thurston, United States Magistrate Judge.

16

No written discovery motions shall be filed without the prior approval of the assigned

17

Magistrate Judge. A party with a discovery dispute must first confer with the opposing party in a good

18

faith effort to resolve by agreement the issues in dispute. If that good faith effort is unsuccessful, the

19

moving party promptly shall seek a telephonic hearing with all involved parties and the Magistrate

20

Judge. It shall be the obligation of the moving party to arrange and originate the conference call to the

21

court. To schedule this telephonic hearing, the parties are ordered to contact Courtroom Deputy Clerk,

22

Susan Hall at [phone] or via email at [e-mail]. Counsel must comply with

23

Local Rule 251 with respect to discovery disputes or the motion will be denied without prejudice

24

and dropped from calendar.

25

In scheduling such motions, the Magistrate Judge may grant applications for an order shortening

26

time pursuant to Local Rule 144(e). However, if counsel does not obtain an order shortening time, the

27

notice of motion must comply with Local Rule 251.

28

Counsel may appear and argue non-dispositive motions by telephone, provided a written request
3

1

to so appear is made to the Magistrate Judge's Courtroom Clerk no later than five (5) court days before

2

the noticed hearing date. In the event that more than one attorney requests to appear by telephone then

3

it shall be the obligation of the moving part(ies) to arrange and originate a conference call to the court.

4

All dispositive pre-trial motions shall be filed no later than May 23, 2016, and heard no later

5

than July 5, 2016, before the Honorable Jennifer L. Thurston, United States Magistrate Judge, at the

6

United States District Courthouse in Bakersfield, California. In scheduling such motions, counsel shall

7

comply with Fed. R. Civ. P. 56 and Local Rules 230 and 260.

8

VI.

Motions for Summary Judgment or Summary Adjudication
The parties may file a dispositive motion related to the Heck v. Humphrey, 512 U.S. 477 (1994)

9
10

issue without prejudice to their filing a second dispositive motion on the merits. The parties are

11

excused from the requirement of a pre-filing meet-and-confer session and from the requirement to file a

12

joint statement of facts.

13

VII.

14
15
16

Pre-Trial Conference Date
August 16, 2016, at 8:30 a.m. at the United States District Courthouse in Bakersfield,

California before the Honorable Jennifer L. Thurston, United States Magistrate Judge.
The parties are ordered to file a Joint Pretrial Statement pursuant to Local Rule 281(a)(2).

17

The parties are further directed to submit a digital copy of their pretrial statement in Word format,

18

directly to Judge Thurston’s chambers, by email at [e-mail].

19

Counsels' attention is directed to Rules 281 and 282 of the Local Rules of Practice for the

20

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

21

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

22

Local Rules the Joint Pretrial Statement shall include a Joint Statement of the case to be used by the

23

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

24

VIII. Trial Date

25
26

September 26, 2016, at 8:30 a.m. at the United States District Courthouse in Bakersfield,
California, before the Honorable Jennifer L. Thurston, United States Magistrate Judge.

27

A.

This is a Jury trial.

28

B.

Counsels' Estimate of Trial Time: 3-5 days.
4

C.

1

Counsels' attention is directed to Local Rules of Practice for the Eastern District of

2

California, Rule 285.

3

IX.

Settlement Conference
If the parties believe the matter is in a settlement posture and desire a settlement conference,

4
5

they may file a joint request that the Court schedule a settlement conference.

6

X.

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

7

Trial

8

Not applicable at this time.

9

XI.

There are no pending related matters.

10
11

Related Matters Pending

XII.

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

12
13

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

14

amendments thereto. The Court must insist upon compliance with these Rules to efficiently handle its

15

increasing case load, and sanctions will be imposed for failure to follow both the Federal Rules of Civil

16

Procedure and the Local Rules of Practice for the Eastern District of California.

17

XIII. Effect of this Order
The foregoing order represents the best estimate of the court and counsel as to the agenda most

18
19

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

20

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

21

to notify the court immediately of that fact so that adjustments may be made, either by stipulation or by

22

subsequent status conference.
The dates set in this Order are considered to be firm and will not be modified absent a

23
24

showing of good cause even if the request to modify is made by stipulation. Stipulations

25

extending the deadlines contained herein will not be considered unless they are accompanied by

26

affidavits or declarations, and where appropriate attached exhibits, which establish good cause

27

for granting the relief requested.

28

///
5

1

Failure to comply with this order may result in the imposition of sanctions.

2
3
4
5

IT IS SO ORDERED.
Dated:

May 4, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6