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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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 MANUEL ANTONIO GONZALEZ, Plaintiff, 10 UPDATED SCHEDULING ORDER Settlement Conf.: 11 v. 12 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) 13 14 Case No. 1:15-cv-01098-DAD-EPG (PC) J. RAZO, et al., Jury Trial: 15 Defendants. 16 17 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 18 date is feasible in this case. Additionally, the parties have indicated that they believe this case 19 would benefit from a second settlement conference. (Id.). Accordingly, the Court sets the 20 following schedule for the remainder of this action. 21 I. 22 SETTLEMENT CONFERENCE This case is set for a settlement conference before Magistrate Judge Jennifer L. Thurston 23 on January 24, 2019, at 1:00 p.m., at the U. S. District Court, 510 19th Street, Bakersfield, 24 California, 93301. An order detailing the settlement conference procedures will issue in due 25 course. 26 II. 27 TELEPHONIC TRIAL CONFIRMATION HEARING A Telephonic Trial Confirmation Hearing is set for March 11, 2019, at 1:30 p.m., in 28 1 1 Courtroom 5, before District Judge Dale A. Drozd. To participate telephonically, you must dial 2 into the conference at 877-402-9757, using access code 6966236, at the time of the hearing. 3 Because the court may be hearing other matters using the same conference line, please wait to 4 state your appearance until your case has been called and appearances are requested. Keep all 5 background noise to a minimum. 6 1. Procedures for Obtaining Attendance of Incarcerated Witnesses Who Agree to 7 Testify Voluntarily - An incarcerated witness who agrees voluntarily to attend trial to give 8 testimony cannot come to court unless this Court orders the warden or other custodian to permit 9 the witness to be transported to court. This Court will not issue such an order unless it is satisfied 10 that: (a) the prospective witness is willing to attend; and (b) the prospective witness has actual 11 knowledge of relevant facts. 12 A party intending to introduce the testimony of incarcerated witnesses who have agreed to 13 voluntarily attend the trial must serve and file a written motion for a court order requiring that 14 such witnesses be brought to court at the time of trial. The motion must: (1) state the name, 15 address, and prison identification number of each such witness; and (2) be accompanied by 16 declarations showing that each witness is willing to testify and that each witness has actual 17 knowledge of relevant facts. The motion should be entitled “Motion for Attendance of 18 Incarcerated Witnesses.” 19 The willingness of the prospective witness can be shown in one of two ways: (1) the party 20 himself can swear by declaration under penalty of perjury that the prospective witness has 21 informed the party that he or she is willing to testify voluntarily without being subpoenaed, in 22 which declaration the party must state when and where the prospective witness informed the party 23 of this willingness; or (2) the party can serve and file a declaration, signed under penalty of 24 perjury by the prospective witness, in which the witness states that he or she is willing to testify 25 without being subpoenaed. 26 The prospective witness’s actual knowledge of relevant facts can be shown in one of two 27 ways: (1) if the party has actual firsthand knowledge that the prospective witness was an 28 eyewitness or an ear-witness to the relevant facts (e.g., if an incident occurred in Plaintiff’s cell 2 1 and, at the time, Plaintiff saw that a cellmate was present and observed the incident, Plaintiff may 2 swear to the cellmate’s ability to testify), the party himself can swear by declaration under penalty 3 of perjury that the prospective witness has actual knowledge; or (2) the party can serve and file a 4 declaration signed under penalty of perjury by the prospective witness in which the witness 5 describes the relevant facts to which the prospective witness was an eye- or ear witness. Whether 6 the declaration is made by the party or by the prospective witness, it must be specific about the 7 incident, when and where it occurred, who was present, and how the prospective witness 8 happened to be in a position to see or to hear what occurred at the time it occurred. 9 2. Procedures for Obtaining Attendance of Incarcerated Witnesses Who Refuse to 10 Testify Voluntarily - If a party seeks to obtain the attendance of incarcerated witnesses who 11 refuse to testify voluntarily, the party should serve and file a written motion for a court order 12 requiring that such witnesses be brought to court at the time of trial. Such motion should be in 13 the form described above. In addition, the party must indicate in the motion that the incarcerated 14 witnesses are not willing to testify voluntarily. 15 The Court will review and rule on the motion(s) for attendance of incarcerated witnesses, 16 specifying which prospective witnesses must be brought to court. Subsequently, the Court will 17 issue the order necessary to cause the witness’s custodian to bring the witness to court. 18 19 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. 20 The parties are directed to file a joint pretrial statement that complies with the 21 requirements of this Court’s Local Rule 281. In addition, the joint pretrial statement should 22 include a brief factual summary and an agreed upon neutral statement of the case. An additional 23 copy of the joint pretrial statement, carefully prepared and executed by all counsel, shall be 24 electronically filed in CM/ECF and shall be e-mailed in Word format to Judge Drozd’s chambers 25 at dadorders@caed.uscourts.gov. 26 The parties’ attention is directed to Local Rules 281 and 282. This Court will insist upon 27 strict compliance with these rules. At the pretrial conference, the Court will set deadlines to file 28 motions in limine, final witness lists, exhibits, jury instructions, objections, and other trial 3 1 documents. 2 III. 3 TRIAL DATE A trial is set for May 14, 2019, at 8:30 a.m., in Courtroom 5, before District Judge Dale 4 A. Drozd. 5 IV. EFFECT OF THIS ORDER 6 This order represents the Court and the parties’ best estimated schedule to complete this 7 case. Any party unable to comply with the dates outlined in this order shall immediately file an 8 appropriate motion or stipulation identifying the requested modification(s). 9 The dates set in this order are considered to be firm and will not be modified absent a 10 showing of good cause, even if a stipulation to modify is filed. Due to the impacted nature of the 11 civil case docket, this Court disfavors requests to modify established dates. 12 Failure to comply with this order may result in the imposition of sanctions. 13 14 15 IT IS SO ORDERED. Dated: August 27, 2018 /s/ UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 4

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