Villareal v. County of Fresno

Filing 141

AMENDED SCHEDULING CONFERENCE ORDER signed by Magistrate Judge Erica P. Grosjean on 01/24/2019. Dispositive Motions filed by 1/24/2020; Pretrial Conference set for 9/14/2020 at 01:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Jury Trial set for 11/10/2020 at 08:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd.(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ELAINE K. VILLAREAL,

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Plaintiff,

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AMENDED SCHEDULING CONFERENCE
ORDER
Non-expert
Discovery Cutoff:

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Vacated

Pretrial Conf.:

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January 24, 2020

Settlement Conf.:

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April 12, 2019

Dispositive Motion
Filing Deadline:

v.

December 13, 2019

Exhaustion Motion
Filing Deadline:

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November 15, 2019

Expert
Discovery Cutoff:

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October 18, 2019

Rebuttal
Expert Disclosure:

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September 20, 2019

Expert Disclosure
Deadline:

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Case No. 1:15-cv-01410-DAD-EPG (PC)

Date: Sep. 14, 2020
Time: 1:30 p.m.
Dept: 5

Jury Trial:

Date: November 10, 2020
Time: 8:30 a.m.
Dept: 5

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COUNTY OF FRESNO and SHERIFF
MARGARET MIMS,
Defendants.

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This Court conducted a status conference on January 23, 2019. Counsel Jeff Price

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telephonically appeared on behalf of Plaintiff. Counsel Leslie Dillahunty telephonically appeared

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on behalf of Defendants. For the reasons stated on the record, the Court issues this amended

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scheduling order.
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I.

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Consent to Magistrate Judge
The parties have not consented to Magistrate Judge jurisdiction. Out of fairness, the Court

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believes it is necessary to forewarn litigants that the Fresno Division of the Eastern District of

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California now has the heaviest District Court Judge caseload in the entire nation. While the

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Court will use its best efforts to resolve this case and all other civil cases in a timely manner, the

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parties are advised that not all of the parties’ needs and expectations may be met as expeditiously

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as desired. As multiple trials are now being set to begin upon the same date, parties may find

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their case trailing with little notice before the trial begins. The law requires that the Court give

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any criminal trial priority over civil trials or any other matter. The Court must proceed with a

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criminal trial even if a civil trial was filed earlier and set for trial first. Continuances of any civil

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trial under these circumstances will no longer be entertained, absent a specific and stated finding

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of good cause. All parties should be informed that any civil trial set to begin during the time a

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criminal trial is proceeding will trail the completion of the criminal trial.

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The parties are reminded of the availability of United States Magistrate Judge Erica P.

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Grosjean to conduct all proceedings in this action. A United States Magistrate Judge is available

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to conduct trials, including entry of final judgment, pursuant to 28 U.S.C. § 636(c), Federal Rule

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of Civil Procedure 73, and Local Rule 305. The same jury pool is used by both United States

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Magistrate Judges and United States District Court Judges. Any appeal from a judgment entered

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by a United States Magistrate Judge is taken directly to the United States Court of Appeal for the

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Ninth Circuit. However, the parties are hereby informed that no substantive rulings or decisions

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will be affected by whether a party chooses to consent.

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Finally, the Fresno Division of the Eastern District of California, whenever possible, is

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utilizing United States Article III District Court Judges from throughout the nation as Visiting

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Judges. Pursuant to the Local Rules, Appendix A, reassignments will be random, and the parties

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will receive no advance notice before their case is reassigned to an Article III District Court Judge

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from outside of the Eastern District of California. Therefore, the parties are directed to consider

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consenting to Magistrate Judge jurisdiction to conduct all further proceedings, including trial.

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II.

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Discovery Cutoffs and Limits
All non-expert discovery shall be completed no later than September 20, 2019. No

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further extensions of this deadline will be granted. Initial expert witness disclosures shall be

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served no later than October 18, 2019. Rebuttal expert witness disclosures shall be served no

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later than November 15, 2019. Such disclosures must be made pursuant to Fed. R. Civ. P.

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26(a)(2)(A), (B) and (C), and shall include all information required thereunder. In addition,

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Fed. R. Civ. P. 26(b)(4) and Fed. R. Civ. P. 26(e) specifically apply to discovery relating to expert

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witnesses and their opinions. Each expert witness must be fully prepared to be examined on all

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subjects and opinions included in the disclosures. Failure to comply with these requirements will

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result in the imposition of appropriate sanctions, including the preclusion of the expert’s

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testimony, or of other evidence offered through the expert.

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All expert discovery shall be completed no later than December 13, 2019. The parties are

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advised that motions to compel must be filed no later than August 21, 2019, so that the Court

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may grant effective relief within the allotted discovery time.

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III.

Pretrial Motion Schedule

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A.

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The parties are advised that unless prior leave of the Court is obtained before the filing

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deadline,1 all moving and opposition briefs or legal memoranda, including joint statements of

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discovery disputes, filed in civil cases before Magistrate Judge Grosjean, shall not exceed twenty-

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five (25) pages. Reply briefs by the moving party shall not exceed ten (10) pages. These page

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limits do not include exhibits. When scheduling motions (other than discovery motions) the

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parties shall comply with Local Rule 230.

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General Information Regarding Filing Motions

Counsel or pro se parties may appear and argue motions by telephone, provided a request

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to so do is made to Michelle Rooney, Magistrate Judge Grosjean’s Courtroom Deputy (unless

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prior permission has been given by the judge), no later than five (5) court days before the noticed

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hearing date. Requests can be made by emailing Ms. Rooney at [e-mail]. If

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Parties may seek leave through a telephonic conference among all parties and the Court, or by short

motion.

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the parties are appearing telephonically, each party shall dial 1 [phone] and enter access

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code 1024453.

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1. Informal Discovery Conference
In order to file a discovery motion pursuant to Fed. R. Civ. P. 37, a party must receive

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permission from the Court following an informal telephone conference. A party wishing to

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schedule such a conference should contact chambers to receive available dates. The Court will

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schedule the conference as soon as possible, taking into consideration the urgency of the issue.

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Before contacting the Court, the parties must meet and confer by speaking with each other in

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person, over the telephone, or via video in an attempt to resolve the dispute.

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Prior to the conference, both parties shall simultaneously submit letters, outlining their

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respective positions regarding the dispute. The Court will provide the date the letters are due at

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the time the conference is scheduled. Such letters shall be no longer than three (3) pages single

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spaced, and may include up to five (5) pages of exhibits. Letters shall be emailed to Magistrate

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Judge Grosjean’s chambers at [e-mail], and not filed on the docket.

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At the time of conference, the parties shall dial 1 [phone] and enter access code

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1024453. Telephonic conferences will not be on the record and the Court will not issue a formal

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ruling at that time. Nevertheless, the Court will attempt to provide guidance to the parties to

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narrow or dispose of the dispute. If no resolution can be reached without formal motion practice,

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the Court will authorize the filing of a formal discovery motion.

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2.

Discovery Motions

If a motion is brought pursuant to Fed. R. Civ. P. 37, after receiving permission from the

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Court, the parties must prepare and file a Joint Statement re: Discovery Disagreement (“Joint

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Statement”) as required by Local Rule 251.2 In scheduling such motions, Magistrate Judge

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Grosjean may grant applications for an order shortening time pursuant to Local Rule 144(e).

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Motions to shorten time will only be granted upon a showing of good cause. If a party does not

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obtain an order shortening time, the notice of motion must comply with Local Rule 251.

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A Joint Statement, not to exceed twenty-five (25) pages, must be filed seven (7) calendar

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Certain limited exceptions from filing the required Joint Statement are outlined in Local Rule 251(e).

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days before the scheduled hearing date. Prior to the filing of the Joint Statement, the parties must

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meet and confer as set forth in Local Rule 251(b). In addition to filing the Joint Statement

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electronically, a copy of the Joint Statement in Word format must be sent to Magistrate Judge

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Grosjean’s chambers via email to [e-mail]. Courtesy copies for any

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pleading in excess of twenty-five pages (25) (including exhibits) shall also be delivered to

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chambers via US mail, or hand delivery, at the time the Joint Statement is electronically filed.

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Motions may be removed from the Court’s calendar if the Joint Statement is not timely filed, or if

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courtesy copies are not timely delivered.

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B.

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Exhaustion and Dispositive Motions

The deadline for Defendant(s) to present any challenge for failure to exhaust

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administrative remedies is April 12, 2019. The exhaustion issue may be raised only by filing a

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motion for summary judgment under Federal Rule of Civil Procedure 56. Failure to raise the

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exhaustion issue by this deadline will result in waiver of the defense. See Albino v. Baca, 747

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F.3d 1162, 1170 (9th Cir. 2014) (providing that the exhaustion question should be decided as

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early as feasible).

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All other dispositive pre-trial motions shall be served and filed no later than January 24,
2020.
All dispositive motions will be heard by Judge Grosjean, who will issue findings and

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recommendations to District Judge Dale A. Drozd. In scheduling such motions, the parties shall

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comply with Fed. R. Civ. P. 56 and Local Rules 230 and 260.

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1.

Motions for Summary Judgment or Summary Adjudication

Prior to filing a motion for summary judgment or motion for summary adjudication, the

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parties are ordered to meet and confer, in person or by telephone, to discuss the issues to be raised

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in the motion. In addition to complying with the requirements of Local Rule 260, the parties

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must prepare a Joint Statement of Undisputed Facts, which identifies all relevant facts

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subject to agreement by all parties. The moving party is responsible for filing the joint

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statement. In the notice of motion, the moving party shall certify that the parties have met and

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conferred as ordered above, or set forth a statement of good cause for the failure to do so.
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IV.

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Settlement Conference
The settlement conference that is currently set before Magistrate Judge Jeremy D.

Peterson on March 11, 2019, is vacated.

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V.

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Pretrial Conference
The pretrial conference is set for September 14, 2020, at 1:30 p.m., in Courtroom 5,

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before District Judge Dale A. Drozd. The parties are directed to file a joint pretrial statement that

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

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statement should include a brief factual summary and an agreed upon neutral statement of the

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case. An additional copy of the joint pretrial statement, carefully prepared and executed by all

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counsel, shall be electronically filed in CM/ECF and shall be e-mailed in Word format to Judge

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Drozd’s chambers at [e-mail].
The parties’ attention is directed to this Court’s Local Rules 281 and 282. This Court will

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insist upon strict compliance with these rules. At the pretrial conference, the Court will set

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deadlines to file motions in limine, final witness lists, exhibits, jury instructions, objections, and

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other trial documents.

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VI.

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Trial Date
A jury trial is set for November 10, 2020, at 8:30 a.m., in Courtroom 5 before District

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Judge Dale A. Drozd. The parties’ attention is directed to this Court’s Local Rule 285 for the

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preparation of trial briefs.

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VII.

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Related Matters Pending

There are no related matters pending before this Court.

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VIII. Compliance with Federal Procedures

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All counsel are expected to familiarize themselves with the Federal Rules of Civil

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Procedure and the Local Rules of the Eastern District of California and to keep abreast of any

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amendments thereto. The Court requires strict compliance with these rules. Sanctions will be

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imposed for failure to follow the rules as provided in both the Federal Rules of Civil Procedure

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and the Local Rules of the Eastern District of California.

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IX.

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).3

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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. Stipulations extending the

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deadlines contained herein will not be considered unless they are accompanied by affidavits or

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declarations with attached exhibits, where appropriate, that establish good cause for granting the

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requested relief. Due to the impacted nature of the civil case docket, this Court disfavors requests

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to modify established dates.
Failure to comply with this order shall result in the imposition of sanctions.

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IT IS SO ORDERED.
Dated:

January 24, 2019

/s/
UNITED STATES MAGISTRATE JUDGE

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No further extensions of the non-expert discovery cutoff will be granted.

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