Ramirez et al v. County of Tulare et al

Filing 39

STATUS (PRETRIAL SCHEDULING) ORDER signed by Senior Judge William B. Shubb on 1/14/15: Discovery due by 2/20/2015. Dispositive Motions filed by 11/13/2015. Final Pretrial Conference set for 2/1/2016 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Jury Trial set for 4/19/2016 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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----oo0oo----

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JOEL RAMIREZ, individually &
as successor-in-interest to
Joel A. Ramirez, Jr., and
GLORIA VIZCARANDO,
individually & as successorin-interest to Joel A.
Ramirez, Jr.,
Plaintiffs,

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NO. CIV. 1:14-1414 WBS BAM

v.
COUNTY OF TULARE, MARGARET
PINEDA, ERICA SOTO, ANNA
ZAVALA, JAIME ZAVALA, FOSTER
FAMILY HOME AND SMALL FAMILY
HOME INSURANCE FUND OF THE
STATE OF CALIFORNIA, DOES 110,
Defendants.

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----oo0oo---STATUS (PRETRIAL SCHEDULING) ORDER
After reviewing the parties’ Joint Status Report, the

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court hereby vacates the Status (Pretrial Scheduling) Conference

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scheduled for January 20, 2015, and makes the following findings
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and orders without needing to consult with the parties any

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further.

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I.

SERVICE OF PROCESS

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All named defendants have been served, and no further

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service is permitted without leave of court, good cause having

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been shown under Federal Rule of Civil Procedure 16(b).

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II.

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No further joinder of parties or amendments to

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JOINDER OF PARTIES/AMENDMENTS

pleadings will be permitted except with leave of court, good

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cause having been shown under Federal Rule of Civil Procedure

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16(b).

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(9th Cir. 1992).

See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604

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III. JURISDICTION/VENUE

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Jurisdiction is predicated upon federal question

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jurisdiction, 28 U.S.C. § 1331, because plaintiff’s claims arise

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under 42 U.S.C. § 1983.

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over plaintiff’s state law claims pursuant to 28 U.S.C. § 1367.

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Venue is undisputed and is hereby found to be proper.

The court has supplemental jurisdiction

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IV.

DISCOVERY

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The parties shall serve initial disclosures required by

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Federal Rule of Civil Procedure 26(a)(1) by no later than

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February 20, 2015.

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The parties shall disclose experts and produce reports

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in accordance with Federal Rule of Civil Procedure 26(a)(2) by no

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later than August 15, 2015.

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intended solely for rebuttal, those experts shall be disclosed

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and reports produced in accordance with Federal Rule of Civil

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Procedure 26(a)(2) on or before September 18, 2015.

With regard to expert testimony

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All discovery, including depositions for preservation

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of testimony, is left open, save and except that it shall be so

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conducted as to be completed by October 2, 2015.

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“completed” means that all discovery shall have been conducted so

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that all depositions have been taken and any disputes relevant to

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discovery shall have been resolved by appropriate order if

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necessary and, where discovery has been ordered, the order has

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been obeyed.

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the magistrate judge’s calendar in accordance with the local

The word

All motions to compel discovery must be noticed on

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rules of this court and so that such motions may be heard (and

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any resulting orders obeyed) not later than October 2, 2015.

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V.

MOTION HEARING SCHEDULE

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All motions, except motions for continuances, temporary

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restraining orders, or other emergency applications, shall be

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filed on or before November 13, 2015.

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noticed for the next available hearing date.

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cautioned to refer to the local rules regarding the requirements

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for noticing and opposing such motions on the court’s regularly

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scheduled law and motion calendar.

All motions shall be
Counsel are

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VI. FINAL PRETRIAL CONFERENCE

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The Final Pretrial Conference is set for February 1,

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2016, at 2:00 p.m. in Courtroom No. 5.

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attended by at least one of the attorneys who will conduct the

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trial for each of the parties and by any unrepresented parties.

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The conference shall be

Counsel for all parties are to be fully prepared for

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trial at the time of the Pretrial Conference, with no matters

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remaining to be accomplished except production of witnesses for
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oral testimony.

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and are referred to Local Rules 281 and 282 relating to the

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contents of and time for filing those statements.

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those subjects listed in Local Rule 281(b), the parties are to

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provide the court with: (1) a plain, concise statement which

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identifies every non-discovery motion which has been made to the

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court, and its resolution; (2) a list of the remaining claims as

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against each defendant; and (3) the estimated number of trial

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days.

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Counsel shall file separate pretrial statements,

In addition to

In providing the plain, concise statements of

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undisputed facts and disputed factual issues contemplated by

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Local Rule 281(b)(3)-(4), the parties shall emphasize the claims

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that remain at issue, and any remaining affirmatively pled

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defenses thereto.

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parties shall also prepare a succinct statement of the case,

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which is appropriate for the court to read to the jury.

If the case is to be tried to a jury, the

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VII.

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The jury trial is set for April 19, 2016 at 9:00 a.m.

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TRIAL SETTING

The parties estimate that a jury trial will last five days.

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VIII.

SETTLEMENT CONFERENCE

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A Settlement Conference will be set at the time of the

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Pretrial Conference.

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the court whether they will stipulate to the trial judge acting

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as settlement judge and waive disqualification by virtue thereof.

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All parties should be prepared to advise

Counsel are instructed to have a principal with full

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settlement authority present at the Settlement Conference or to

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be fully authorized to settle the matter on any terms.

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seven calendar days before the Settlement Conference counsel for
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At least

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each party shall submit a confidential Settlement Conference

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Statement for review by the settlement judge.

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judge is not the trial judge, the Settlement Conference

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Statements shall not be filed and will not otherwise be disclosed

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to the trial judge.

If the settlement

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IX.

MODIFICATIONS TO SCHEDULING ORDER

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Any requests to modify the dates or terms of this

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Scheduling Order, except requests to change the date of the

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trial, may be heard and decided by the assigned Magistrate Judge.

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All requests to change the trial date shall be heard and decided

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only by the undersigned judge.

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Dated:

January 14, 2015

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