Gonzalez v. Razo et al

Filing 132

UPDATED SCHEDULING ORDER, signed by Magistrate Judge Erica P. Grosjean on 8/27/18. ( Settlement Conference set for 1/24/2019 at 01:00 PM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston; Telephonic Trial Confirmation Hearing set for 3/11/2019 at 01:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd; Jury Trial set for 5/14/2019 at 08:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd.) (Marrujo, C)

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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MANUEL ANTONIO GONZALEZ,
Plaintiff,

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UPDATED SCHEDULING ORDER
Settlement Conf.:

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v.

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January 24, 2019
Time: 1:00 p.m.
Bakersfield (JLT)

Telephonic Trial
Confirmation Hearing: March 11, 2019
Time: 1:30 p.m.
Courtroom 5 (DAD)

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Case No. 1:15-cv-01098-DAD-EPG (PC)

J. RAZO, et al.,
Jury Trial:

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Defendants.

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May 14, 2019
Time: 8:30 a.m.
Courtroom 5 (DAD)

With the input of the parties (ECF No. 131), the Court has determined that an earlier trial

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date is feasible in this case. Additionally, the parties have indicated that they believe this case

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would benefit from a second settlement conference. (Id.). Accordingly, the Court sets the

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following schedule for the remainder of this action.

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I.

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SETTLEMENT CONFERENCE
This case is set for a settlement conference before Magistrate Judge Jennifer L. Thurston

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on January 24, 2019, at 1:00 p.m., at the U. S. District Court, 510 19th Street, Bakersfield,

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California, 93301. An order detailing the settlement conference procedures will issue in due

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course.

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II.

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TELEPHONIC TRIAL CONFIRMATION HEARING
A Telephonic Trial Confirmation Hearing is set for March 11, 2019, at 1:30 p.m., in

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Courtroom 5, before District Judge Dale A. Drozd. To participate telephonically, you must dial

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into the conference at 877-402-9757, using access code 6966236, at the time of the hearing.

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Because the court may be hearing other matters using the same conference line, please wait to

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state your appearance until your case has been called and appearances are requested. Keep all

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background noise to a minimum.

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Procedures for Obtaining Attendance of Incarcerated Witnesses Who Agree to

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Testify Voluntarily - An incarcerated witness who agrees voluntarily to attend trial to give

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testimony cannot come to court unless this Court orders the warden or other custodian to permit

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the witness to be transported to court. This Court will not issue such an order unless it is satisfied

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that: (a) the prospective witness is willing to attend; and (b) the prospective witness has actual

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knowledge of relevant facts.

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A party intending to introduce the testimony of incarcerated witnesses who have agreed to

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voluntarily attend the trial must serve and file a written motion for a court order requiring that

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such witnesses be brought to court at the time of trial. The motion must: (1) state the name,

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address, and prison identification number of each such witness; and (2) be accompanied by

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declarations showing that each witness is willing to testify and that each witness has actual

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knowledge of relevant facts. The motion should be entitled “Motion for Attendance of

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Incarcerated Witnesses.”

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The willingness of the prospective witness can be shown in one of two ways: (1) the party

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himself can swear by declaration under penalty of perjury that the prospective witness has

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informed the party that he or she is willing to testify voluntarily without being subpoenaed, in

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which declaration the party must state when and where the prospective witness informed the party

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of this willingness; or (2) the party can serve and file a declaration, signed under penalty of

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perjury by the prospective witness, in which the witness states that he or she is willing to testify

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without being subpoenaed.

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The prospective witness’s actual knowledge of relevant facts can be shown in one of two

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ways: (1) if the party has actual firsthand knowledge that the prospective witness was an

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eyewitness or an ear-witness to the relevant facts (e.g., if an incident occurred in Plaintiff’s cell
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and, at the time, Plaintiff saw that a cellmate was present and observed the incident, Plaintiff may

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swear to the cellmate’s ability to testify), the party himself can swear by declaration under penalty

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of perjury that the prospective witness has actual knowledge; or (2) the party can serve and file a

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declaration signed under penalty of perjury by the prospective witness in which the witness

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describes the relevant facts to which the prospective witness was an eye- or ear witness. Whether

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the declaration is made by the party or by the prospective witness, it must be specific about the

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incident, when and where it occurred, who was present, and how the prospective witness

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happened to be in a position to see or to hear what occurred at the time it occurred.

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2.

Procedures for Obtaining Attendance of Incarcerated Witnesses Who Refuse to

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Testify Voluntarily - If a party seeks to obtain the attendance of incarcerated witnesses who

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refuse to testify voluntarily, the party should serve and file a written motion for a court order

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requiring that such witnesses be brought to court at the time of trial. Such motion should be in

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the form described above. In addition, the party must indicate in the motion that the incarcerated

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witnesses are not willing to testify voluntarily.

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The Court will review and rule on the motion(s) for attendance of incarcerated witnesses,

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specifying which prospective witnesses must be brought to court. Subsequently, the Court will

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issue the order necessary to cause the witness’s custodian to bring the witness to court.

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Motion(s) for the attendance of incarcerated witnesses, if any, must be filed on or before
January 11, 2019. Oppositions, if any, must be filed on or before February 11, 2019.

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The parties are directed to file a joint pretrial statement that complies with the

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requirements of this Court’s Local Rule 281. In addition, the joint pretrial statement should

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include a brief factual summary and an agreed upon neutral statement of the case. An additional

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copy of the joint pretrial statement, carefully prepared and executed by all counsel, shall be

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electronically filed in CM/ECF and shall be e-mailed in Word format to Judge Drozd’s chambers

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at [e-mail].

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The parties’ attention is directed to Local Rules 281 and 282. This Court will insist upon

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strict compliance with these rules. At the pretrial conference, the Court will set deadlines to file

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motions in limine, final witness lists, exhibits, jury instructions, objections, and other trial
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documents.

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III.

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TRIAL DATE
A trial is set for May 14, 2019, at 8:30 a.m., in Courtroom 5, before District Judge Dale

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A. Drozd.

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IV.

EFFECT OF THIS ORDER

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This order represents the Court and the parties’ best estimated schedule to complete this

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case. Any party unable to comply with the dates outlined in this order shall immediately file an

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appropriate motion or stipulation identifying the requested modification(s).

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

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showing of good cause, even if a stipulation to modify is filed. Due to the impacted nature of the

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civil case docket, this Court disfavors requests to modify established dates.

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

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IT IS SO ORDERED.
Dated:

August 27, 2018

/s/
UNITED STATES MAGISTRATE JUDGE

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