Caruso v. Johnson et al

Filing 141

ORDER Following Hearing re 121 , 135 , & 137 , signed by Magistrate Judge Erica P. Grosjean on 3/29/19. Pretrial Conference set for 4/15/2020 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GINA CARUSO,
Plaintiff,

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Case No. 1:15-cv-00780-AWI-EPG (PC)
ORDER FOLLOWING HEARING

v.

(ECF NOS. 121, 135, & 137)

OFFICER G. SOLORIO, et al.,
Defendants.

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Gina Caruso (“Plaintiff”) is a state prisoner proceeding in forma pauperis with this civil

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rights action filed pursuant to 42 U.S.C. § 1983. On March 29, 2019, the Court held a hearing

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on several motions in this case, including Plaintiff’s motion to strike references to contraband

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allegations (ECF No. 115), Plaintiff’s motion for contact visits (ECF Nos. 120 & 137),

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Plaintiff’s request regarding allegedly inappropriate redactions (ECF No. 121), the parties’

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request to extend the dispositive motion deadline (ECF No. 135), and Plaintiff’s supplemental

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motion to compel (ECF No. 137).

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Counsel Jenny Huang telephonically appeared on behalf of Plaintiff. Counsel Derrek
Lee telephonically appeared on behalf of Defendants.

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For the reasons stated on the record at the hearing, IT IS ORDERED that:

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1. Plaintiff’s supplemental motion to compel (ECF No. 137) is GRANTED as to the

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request to depose Lieutenant Villegas.

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2. Plaintiff’s supplemental motion to compel (ECF No. 137) is GRANTED as to the

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request for additional time to take the deposition of Dr. Romero.

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3. Plaintiff’s supplemental motion to compel (ECF No. 137) is GRANTED as to the

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request for additional time to take the deposition defendant Solorio. However, the

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Court declines to issue any sanctions related to deposition of defendant Solorio that

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was previously scheduled for March 21, 2019.

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4. The deadline to complete the above-listed depositions is May 10, 2019. The parties

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shall meet and confer regarding dates for the depositions. No further deposition

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notices are required.

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5. Each deposition shall last no longer than three hours.

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6. The parties’ request to extend the dispositive motion deadline (ECF 135) is

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GRANTED. The deadlines in this case are modified as follows:

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a. The expert disclosure deadline is June 21, 2019.

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b. The rebuttal expert disclosure deadline is July 26, 2019.

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c. The expert discovery cutoff is August 30, 2019.

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d. The dispositive motion filing deadline is November 15, 2019. Dispositive

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motions shall be noticed for hearing before District Judge Anthony W. Ishii.

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e. The Pretrial Conference is set for April 15, 2020, at 1:30 p.m., in Courtroom
2, before District Judge Anthony W. Ishii.1

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f. Motion(s) for the attendance of incarcerated witnesses, if any, must be filed

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on or before February 14, 2020. Oppositions, if any, must be filed on or

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before March 16, 2020.

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g. If Plaintiff wishes to have the United States Marshals Service serve any

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unincarcerated witnesses who refuse to testify voluntarily, Plaintiff must

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submit the money orders to the Court no later than March 16, 2020. In order

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to ensure timely submission of the money orders, Plaintiff must notify the

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Counsel for the parties are required to appear in person for the Pretrial Conference.
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Court of the names and locations of her witnesses no later than February 14,

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2020.

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h. The parties are ordered to file a Joint Pretrial Statement pursuant to Local

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Rule 281(a)(2). The parties are further directed to submit a digital copy of

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their Pretrial Statement in Word format, directly to Senior District Judge

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Anthony W. Ishii’s chambers by email at [e-mail].

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

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the Eastern District of California, as to the obligations of counsel in

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preparing for the Pretrial Conference. The Court will insist upon strict

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compliance with those rules. In addition to the matters set forth in the Local

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Rules, the Joint Pretrial Statement shall include a Joint Statement of the Case

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to be used by the Court to explain the nature of the case to the jury during

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voir dire.

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i. The Trial will be held on June 16, 2020, at 8:30 a.m., before District Judge

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Anthony W. Ishii.

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7. This schedule should be considered firm, in the absence of an amendment to the

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complaint or addition of parties.

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8. As to Plaintiff’s request regarding allegedly inappropriate redactions (ECF No.

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121), that request is DENIED. However, the Court is taking under submission

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Plaintiff’s alternative argument that privilege has been waived. By April 5, 2019,

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Defendants shall submit a statement as to whether Lieutenant Jeffrey Watkins

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viewed any documents that Defendants withheld from Plaintiff as privileged, either

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by withholding the documents or redacting sections of the documents.

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Defendants shall describe generally what documents Lieutenant Watkins viewed.

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If so,

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9. The hearing on the remainder of the motions is continued to April 1, 2019, at 2:00

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p.m.

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IT IS SO ORDERED.
Dated:

March 29, 2019

/s/
UNITED STATES MAGISTRATE JUDGE

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