Friends of Mariposa Creek et al v. Mariposa Public Utility District

Filing 60

Order amending scheduling order,signed by Magistrate Judge Erica P. Grosjean on 6/1/2016. (Expert Disclosure due by 8/10/2016; Rebuttal Expert Disclosure dur by 9/14/2016; Expert Discovery due by 10/28/2016; Pretrial Conference set for 11/29/2016 at 11:00 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean; Jury Trial set for 2/14/2017 at 08:30 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean) (Rosales, O)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRIENDS OF MARIPOSA CREEK, an
unincorporated association, and SARAH
WINDSOR, an individual,

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Plaintiffs,

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Case No. 1:15-cv-00583-EPG
ORDER AMENDING SCHEDULING
ORDER

v.
MARIPOSA PUBLIC UTILITIES DISTRICT, a
public utility district,
Defendant.
On April 19, 2016, the Court granted Plaintiffs’ Motion for Partial Summary Judgment

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(ECF No. 51) as to liability in this action. Following that Order, the Court held a telephonic
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status conference to discuss the status of the case and the possibility of amending the Scheduling
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Conference Order (ECF No. 36). The parties also discussed the possibility of setting a settlement
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conference with the Court, Defendant’s recently-filed Motion for Reconsideration of the Order

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Granting Partial Summary Judgment (ECF No. 54), and the appropriate resolution of this case via
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a bench or jury trial. The parties were directed to discuss settlement possibilities with their
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respective clients and to submit potential trial dates to the Court. The parties did so and a
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settlement conference has now been set before Magistrate Judge Sheila Oberto for July 26, 2016.
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Based on these facts, and good cause appearing therein, the Court amends its Scheduling

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Conference Order as follows:

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Event
Expert Disclosure
Rebuttal Expert Disclosure
Expert Discovery Cut-off
Pre-Trial Conference /
Hearing

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Trial

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Current Deadline
June 15, 2016
July 15, 2016
October 14, 2016
January 26, 2017
11:00 a.m.
Courtroom 10
March 14, 2017
8:30 a.m.
Courtroom 10

Amended Deadline
August 10, 2016
September 14, 2016
October 28, 2016
November 29, 2016
11:00 a.m.
Courtroom 10
February 14, 2017
8:30 a.m.
Courtroom 10

The parties may submit briefing before the Pre-Trial Conference re: the necessity of a jury
trial for the penalty phase of a case alleging violations under the Clean Water Act. Each party
may file a brief stating: (1) their preference between a bench or jury trial; and, (2) the legal basis
for that preference. Any such briefing shall be filed no later than November 4, 2016. Each party
may file an opposition brief no later than November 14, 2016. If needed, the Court may then
hear argument on the topic at the November 29, 2016 hearing.

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IT IS SO ORDERED.

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Dated:

June 1, 2016

/s/

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UNITED STATES MAGISTRATE JUDGE

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