K.E.C. v. County of Kern, et al.

Filing 26

SCHEDULING ORDER, signed by Magistrate Judge Jennifer L. Thurston on 1/14/2015. Consent/Decline Deadline 1/26/2015. Pleading Amendment Deadline 4/13/2015. Discovery Deadlines: Initial Disclosures 2/4/2015; Non-Expert 10/5/2015; Expert 12/14/2015. Mid-Discovery Status Conference set for 4/30/2015 at 09:00 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. Non-Dispositive Motion Deadlines: Filed by 12/28/2015; Hearing by 1/25/2016. Dispositive Motion Deadlines: Filed by 2/10/2016; Hearing by 3/23/2016. Settlement Conference set for 1/11/2016 at 09:30 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. Pretrial Conference set for 5/18/2016 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. Jury Trial set for 7/19/2016 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Hall, S)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
10

KEANU ETHAN CAMPOS,
Plaintiff,

11
12
13
14
15

v.
COUNTY OF KERN, et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)

1: 14-CV-01099 - LJO - JLT
SCHEDULING ORDER (Fed. R. Civ. P. 16)
Pleading Amendment Deadline: 4/13/2015
Discovery Deadlines:
Initial Disclosures: 2/4/2015
Non-Expert: 10/5/2015
Expert: 12/14/2015
Mid-Discovery Status Conference:
4/30/2015 at 9:00 a.m.

16
17

Non-Dispositive Motion Deadlines:
Filing: 12/28/2015
Hearing: 1/25/2016

18
19

Dispositive Motion Deadlines:
Filing: 2/10/2016
Hearing: 3/23/2016

20
21
22

Settlement Conference:
1/11/2016, 9:30 a.m.
510 19th Street, Bakersfield, CA

23
24

26

Pre-Trial Conference:
5/18/2016 at 8:30 a.m.
Courtroom 4

27

Trial:

25

28
1

7/19/2016 at 8:30 a.m.
Courtroom 4
Jury trial: 4-6 days

1

I.

January 14, 2015.

2
3

Date of Scheduling Conference

II.

Appearances of Counsel

4

Greg Garrotto appeared on behalf of Plaintiff.

5

Andrew Thomson appeared on behalf of Defendants.

6

III.

Magistrate Judge Consent:

7

Notice of Congested Docket and Court Policy of Trailing

8

Due to the District Judges’ heavy caseload, the newly adopted policy of the Fresno Division of

9

the Eastern District is to trail all civil cases. The parties are hereby notified that for a trial date set

10

before a District Judge, the parties will trail indefinitely behind any higher priority criminal or older

11

civil case set on the same date until a courtroom becomes available. The trial date will not be reset to a

12

continued date.
The Magistrate Judges’ availability is far more realistic and accommodating to parties than that

13
14

of the U.S. District Judges who carry the heaviest caseloads in the nation and who must prioritize

15

criminal and older civil cases over more recently filed civil cases. A United States Magistrate Judge

16

may conduct trials, including entry of final judgment, pursuant to 28 U.S.C. § 636(c), Federal Rule of

17

Civil Procedure 73, and Local Rule 305. Any appeal from a judgment entered by a United States

18

Magistrate Judge is taken directly to the United States Court of Appeal for the Ninth Circuit.
The Fresno Division of the Eastern District of California, whenever possible, is utilizing United

19
20

States Article III District Court Judges from throughout the nation as Visiting Judges. Pursuant to the

21

Local Rules, Appendix A, such reassignments will be random, and the parties will receive no advance

22

notice before their case is reassigned to an Article III District Court Judge from outside of the Eastern

23

District of California.
Therefore, the parties are directed to consider consenting to Magistrate Judge jurisdiction to

24
25

conduct all further proceedings, including trial. Within 10 days of the date of this order, counsel

26

SHALL file a consent/decline form (provided by the Court at the inception of this case) indicating

27

whether they will consent to the jurisdiction of the Magistrate Judge.

28

///
2

1

IV.

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

2
3

motion to amend, no later than April 13, 2015.

4

V.

5
6
7
8
9

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 February 4, 2015.
The parties are ordered to complete all discovery pertaining to non-experts on or before
October 5, 2015, and all discovery pertaining to experts on or before December 14, 2015.
The parties are directed to disclose all expert witnesses1, in writing, on or before October 19,

10

2015, and to disclose all rebuttal experts on or before November 16, 2015. The written designation of

11

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

12

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

13

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

14

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

15

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

16

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

17

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

18

include striking the expert designation and preclusion of expert testimony.

19
20
21

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.
A mid-discovery status conference is scheduled for April 30, 2015 at 9:00 a.m. before the

22

Honorable Jennifer L. Thurston, U.S. Magistrate Judge, located at 510 19th Street, Bakersfield,

23

California, 93301. A Joint Mid-Discovery Status Conference Report, carefully prepared and executed

24

by all counsel, shall be electronically filed in CM/ECF, one full week prior to the Conference, and shall

25

be e-mailed, in Word format, to [e-mail]. The joint statement SHALL outline the

26

discovery that has been completed and that which needs to be completed as well as any impediments to

27
28

1

In the event an expert will offer opinions related to an independent medical or mental health evaluation, the
examination SHALL occur sufficiently in advance of the disclosure deadline so the expert’s report fully details the expert’s
opinions in this regard.

3

1

completing the discovery within the deadlines set forth in this order. Counsel may appear via

2

CourtCall, providing a written request to so appear is made to the Magistrate Judge's Courtroom Clerk

3

no later than five court days before the noticed hearing date.

4

VI.

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

5
6

than December 28, 2015, and heard on or before January 25, 2016. Non-dispositive motions are

7

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

8

Courthouse in Bakersfield, California.
No written discovery motions shall be filed without the prior approval of the assigned

9
10

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

11

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

12

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

13

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

14

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

15

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

16

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

17

and dropped from calendar.
In scheduling such motions, the Magistrate Judge may grant applications for an order shortening

18
19

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

20

notice of motion must comply with Local Rule 251.
Counsel may appear and argue non-dispositive motions via CourtCall, providing a written

21
22

request to so appear is made to the Magistrate Judge's Courtroom Clerk no later than five court days

23

before the noticed hearing date.
All dispositive pre-trial motions shall be filed no later than February 10, 2016, and heard no

24
25

later than March 23, 2016, in Courtroom 4 at 8:30 a.m. before the Honorable Lawrence J. O'Neill,

26

United States District Court Judge. In scheduling such motions, counsel shall comply with Fed. R.

27

Civ. P. 56 and Local Rules 230 and 260.

28

///
4

1

VII.

Motions for Summary Judgment or Summary Adjudication

2

At least 21 days before filing a motion for summary judgment or motion for summary

3

adjudication, the parties are ORDERED to meet, in person or by telephone, to confer about the issues

4

to be raised in the motion.
The purpose of the meeting shall be to: 1) avoid filing motions for summary judgment where

5
6

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

7

whole or in part; 3) discuss whether issues can be resolved without the necessity of briefing; 4)

8

narrow the issues for review by the court; 5) explore the possibility of settlement before the parties

9

incur the expense of briefing a summary judgment motion; 6) to arrive at a joint statement of

10

undisputed facts.

11

The moving party shall initiate the meeting and SHALL provide a complete, proposed

12

statement of undisputed facts at least five days before the conference. The finalized joint statement

13

of undisputed facts SHALL include all facts that the parties agree, for purposes of the motion, may

14

be deemed true. In addition to the requirements of Local Rule 260, the moving party shall file

15

the joint statement of undisputed facts.
In the notice of motion the moving party shall certify that the parties have met and conferred as

16
17

ordered above, or set forth a statement of good cause for the failure to meet and confer.

18

VIII. Pre-Trial Conference Date

19

May 18, 2016, at 8:30 a.m. in Courtroom 4 before Judge O'Neill.

20

The parties are ordered to file a Joint Pretrial Statement pursuant to Local Rule 281(a)(2).

21

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

22

directly to Judge O'Neill's chambers, by email at [e-mail].
Counsels' attention is directed to Rules 281 and 282 of the Local Rules of Practice for the

23
24

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

25

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

26

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

27

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

28

///
5

1

IX.

July 19, 2016, at 8:30 a.m. in Courtroom 4 before the Honorable Lawrence J. O'Neill, United

2
3

Trial Date

States District Court Judge.

4

A.

This is a jury trial.

5

B.

Counsels' Estimate of Trial Time: 4-6 days.

6

C.

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

7

California, Rule 285.

8

X.

9

Settlement Conference
A Settlement Conference is scheduled for January 11, 2016 at 9:30 a.m. at 510 19th Street,

10

Bakersfield, California. The settlement conference will be conducted by Magistrate Judge Thurston. If

11

any party prefers that the settlement conference be conducted by a judicial officer who is not

12

normally assigned to this matter, that party is directed to notify the Court no later than 60 days

13

in advance of the scheduled settlement conference to allow sufficient time for another judicial officer

14

to be assigned to handle the conference.

15

Unless otherwise permitted in advance by the Court, the attorneys who will try the case shall

16

appear at the Settlement Conference with the parties and the person or persons having full authority

17

to negotiate and settle the case on any terms2 at the conference. Consideration of settlement is a

18

serious matter that requires preparation prior to the settlement conference. Set forth below are the

19

procedures the Court will employ, absent good cause, in conducting the conference.

20

At least 21 days before the settlement conference, Plaintiff SHALL submit to Defendant via

21

fax or e-mail, a written itemization of damages and a meaningful3 settlement demand which includes a

22

brief explanation of why such a settlement is appropriate. Thereafter, no later than 14 days before the

23
24
25
26
27
28

2

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.
3
“Meaningful” means that the offer is reasonably calculated to settle the case on terms acceptable to the offering
party. “Meaningful” does not include an offer which the offering party knows will not be acceptable to the other party. If,
however, the offering party is only willing to offer a settlement which it knows the other party will not accept, this should
trigger a recognition the case is not in a settlement posture and the parties should confer about continuing or vacating the
settlement conference via stipulation.

6

1

settlement conference, Defendant SHALL respond, via fax or e-mail, with an acceptance of the offer or

2

with a meaningful counteroffer, which includes a brief explanation of why such a settlement is

3

appropriate.
If settlement is not achieved, each party SHALL attach copies of their settlement offers to their

4
5

Confidential Settlement Conference Statement, as described below. Copies of these documents shall

6

not be filed on the court docket.
CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT

7

At least five court days before the settlement conference, the parties shall submit, directly to

8
9
10

Judge Thurston's chambers by e-mail to [e-mail], a confidential settlement
conference statement.

11

The Confidential Settlement Conference Statement shall include the following:

12

A.

A brief statement of the facts of the case.

13

B.

A brief statement of the claims and defenses, i.e., statutory or other grounds upon which

14

the claims are founded; a forthright evaluation of the parties' likelihood of prevailing on

15

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

16

C.

A summary of the proceedings to date.

17

D.

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

18

E.

The relief sought.

19

F.

The party's position on settlement, including present demands and offers and a history of
past settlement discussions, offers and demands.

20
21

XI.

Request for Bifurcation, Appointment of Special Master, or other

22

Techniques to Shorten Trial

23

Defendants will seek to have the issue of Monell liability tried after the liability of the

24

individual has been determined and to separately try the issue of punitive damages. Defendants must

25

raise this issue with the trial judge at the appropriate time.

26

XII.

There are no pending related matters.

27
28

Related Matters Pending

///
7

1
2

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

3

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

4

amendments thereto. The Court must insist upon compliance with these Rules if it is to efficiently

5

handle its increasing case load and sanctions will be imposed for failure to follow the Rules as provided

6

in both the Federal Rules of Civil Procedure and the Local Rules of Practice for the Eastern District of

7

California.

8

XIV. Effect of this Order

9

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

10

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

11

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

12

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

13

subsequent status conference.

14

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

15

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

16

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

17

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

18

for granting the relief requested.

19

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

20
21
22
23

IT IS SO ORDERED.
Dated:

January 14, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

24
25
26
27
28
8