Ledesma, et al. v. Kern County, et al.

Filing 17

SCHEDULING ORDER, signed by Magistrate Judge Jennifer L. Thurston on 1/30/2015. Consent/Decline Deadline 2/9/2015. Pleading Amendment Deadline 5/1/2015. Discovery Deadlines: Initial Disclosures 3/3/2015; Non-Expert 1/29/2016; Expert 5/6/2016. Mid- Discovery Status Conference set for 6/22/2015 at 09:30 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. Non-Dispositive Motion Deadlines: Filed by 5/20/2016; Hearing by 6/17/2016. Dispositive Motion Deadlin es: Filed by 7/22/2016; Hearing by 9/13/2016. Settlement Conference set for 11/4/2016 at 09:30 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. Pretrial Conference set for 11/16/2016 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. Jury Trial set for 1/24/2017 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Hall, S)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 ADRIANA LEDESMA, et al., Plaintiffs, 11 12 13 14 15 v. COUNTY OF KERN, et al., Defendants. ) ) ) ) ) ) ) ) ) ) 1:14-CV-01634 - LJO - JLT SCHEDULING ORDER (Fed. R. Civ. P. 16) Pleading Amendment Deadline: 5/1/2015 Discovery Deadlines: Initial Disclosures: 3/13/15 Non-Expert: 1/29/2016 Expert: 5/6/2016 Mid-Discovery Status Conference: 6/22/2015 at 9:30 a.m. 16 17 Non-Dispositive Motion Deadlines: Filing: 5/20/2016 Hearing: 6/17/2016 18 19 Dispositive Motion Deadlines: Filing: 7/22/2016 Hearing: 9/13/2016 20 21 22 Settlement Conference: 11/4/2016 at 9:30 a.m. 510 19th Street, Bakersfield, CA 23 24 26 Pre-Trial Conference: 11/16/2016 at 8:30 a.m. Courtroom 4 27 Trial: 25 28 1 1/24/2017 at 8:30 a.m. Courtroom 4 Jury trial: 7-14 days 1 I. January 30, 2015. 2 3 Date of Scheduling Conference II. Appearances of Counsel 4 Francis Flynn appeared on behalf of Plaintiffs. 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 May 1, 2015. 4 V. 5 6 7 8 9 10 11 Discovery Plan and Cut-Off Date At the hearing, counsel agreed to alter the normal limits on discovery to allow Defendants to take as many as 16 depositions. The parties are ordered to exchange the initial disclosures required by Fed. R. Civ. P. 26(a)(1) on or before March 13, 2015. The parties are ordered to complete all discovery pertaining to non-experts on or before January 29, 2016, and all discovery pertaining to experts on or before May 6, 2016. The parties are directed to disclose all expert witnesses1, in writing, on or before February 26, 12 2016, and to disclose all rebuttal experts on or before April 1, 2016. The written designation of 13 retained and non-retained experts shall be made pursuant to Fed. R. Civ. P. Rule 26(a)(2), (A), (B), 14 and (C) and shall include all information required thereunder. Failure to designate experts in 15 compliance with this order may result in the Court excluding the testimony or other evidence offered 16 through such experts that are not disclosed pursuant to this order. 17 The provisions of Fed. R. Civ. P. 26(b)(4) and (5) shall apply to all discovery relating to experts 18 and their opinions. Experts must be fully prepared to be examined on all subjects and opinions 19 included in the designation. Failure to comply will result in the imposition of sanctions, which may 20 include striking the expert designation and preclusion of expert testimony. 21 22 23 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 June 22, 2015 at 9:30 a.m. before the 24 Honorable Jennifer L. Thurston, U.S. Magistrate Judge, located at 510 19th Street, Bakersfield, 25 California, 93301. A Joint Mid-Discovery Status Conference Report, carefully prepared and executed 26 by all counsel, shall be electronically filed in CM/ECF, one full week prior to the Conference, and shall 27 1 28 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 be e-mailed, in Word format, to JLTorders@caed.uscourts.gov. The joint statement SHALL outline the 2 discovery that has been completed and that which needs to be completed as well as any impediments to 3 completing the discovery within the deadlines set forth in this order. Counsel may appear via 4 CourtCall, providing a written request to so appear is made to the Magistrate Judge's Courtroom Clerk 5 no later than five court days before the noticed hearing date. 6 VI. 7 Pre-Trial Motion Schedule All non-dispositive pre-trial motions, including any discovery motions, shall be filed no later 8 than May 20, 2016, and heard on or before June 17, 2016. Non-dispositive motions are heard before 9 the Honorable Jennifer L. Thurston, United States Magistrate Judge at the United States Courthouse in 10 11 Bakersfield, California. No written discovery motions shall be filed without the prior approval of the assigned 12 Magistrate Judge. A party with a discovery dispute must first confer with the opposing party in a good 13 faith effort to resolve by agreement the issues in dispute. If that good faith effort is unsuccessful, the 14 moving party promptly shall seek a telephonic hearing with all involved parties and the Magistrate 15 Judge. It shall be the obligation of the moving party to arrange and originate the conference call to the 16 court. To schedule this telephonic hearing, the parties are ordered to contact Courtroom Deputy Clerk, 17 Susan Hall at (661) 326-6620 or via email at SHall@caed.uscourts.gov. Counsel must comply with 18 Local Rule 251 with respect to discovery disputes or the motion will be denied without prejudice 19 and dropped from calendar. 20 In scheduling such motions, the Magistrate Judge may grant applications for an order shortening 21 time pursuant to Local Rule 144(e). However, if counsel does not obtain an order shortening time, the 22 notice of motion must comply with Local Rule 251. 23 Counsel may appear and argue non-dispositive motions via CourtCall, providing a written 24 request to so appear is made to the Magistrate Judge's Courtroom Clerk no later than five court days 25 before the noticed hearing date. 26 All dispositive pre-trial motions shall be filed no later than July 22, 2016, and heard no later 27 than September 13, 2016, in Courtroom 4 at 8:30 a.m. before the Honorable Lawrence J. O'Neill, 28 United States District Court Judge. In scheduling such motions, counsel shall comply with Fed. R. 4 1 Civ. P. 56 and Local Rules 230 and 260. 2 VII. 3 Motions for Summary Judgment or Summary Adjudication At least 21 days before filing a motion for summary judgment or motion for summary 4 adjudication, the parties are ORDERED to meet, in person or by telephone, to confer about the 5 issues to be raised in the motion. 6 The purpose of the meeting shall be to: 1) avoid filing motions for summary judgment 7 where a question of fact exists; 2) determine whether the respondent agrees that the motion has 8 merit in whole or in part; 3) discuss whether issues can be resolved without the necessity of 9 briefing; 4) narrow the issues for review by the court; 5) explore the possibility of settlement 10 before the parties incur the expense of briefing a summary judgment motion; 6) to arrive at a 11 joint statement of undisputed facts. 12 The moving party shall initiate the meeting and SHALL provide a complete, proposed 13 statement of undisputed facts at least five days before the conference. The finalized joint 14 statement of undisputed facts SHALL include all facts that the parties agree, for purposes of the 15 motion, may be deemed true. In addition to the requirements of Local Rule 260, the moving 16 party shall file the joint statement of undisputed facts. 17 In the notice of motion the moving party shall certify that the parties have met and conferred as 18 ordered above, or set forth a statement of good cause for the failure to meet and confer. 19 VIII. Pre-Trial Conference Date 20 November 16, 2016, at 8:30 a.m. in Courtroom 4 before Judge O'Neill. 21 The parties are ordered to file a Joint Pretrial Statement pursuant to Local Rule 281(a)(2). 22 The parties are further directed to submit a digital copy of their pretrial statement in Word format, 23 directly to Judge O'Neill's chambers, by email at LJOorders@caed.uscourts.gov. 24 Counsels' attention is directed to Rules 281 and 282 of the Local Rules of Practice for the 25 Eastern District of California, as to the obligations of counsel in preparing for the pre-trial conference. 26 The Court will insist upon strict compliance with those rules. In addition to the matters set forth in the 27 Local Rules the Joint Pretrial Statement shall include a Joint Statement of the case to be used by the 28 Court to explain the nature of the case to the jury during voir dire. 5 1 IX. January 24, 2017, at 8:30 a.m. in Courtroom 4 before the Honorable Lawrence J. O'Neill, 2 3 Trial Date United States District Court Judge. 4 A. This is a jury trial. 5 B. Counsels' Estimate of Trial Time: 7-14 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 November 4, 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 JLTorders@caed.uscourts.gov, 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 The Defendants will seek to try the case in phases, in particular, to try the issue of the 24 individual’s liability before the Monell liability and to have a damages and a punitive damages phase. 25 Counsel will need to address this issue at the pretrial conference. 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 30, 2015 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 8

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