Mack v. California Department of Corrections and Rehabilitation et al

Filing 83

SCHEDULING ORDER, signed by Magistrate Judge Jennifer L. Thurston on 9/30/2016. Pleading Amendment Deadline 1/20/2017. Discovery Deadlines: Initial Disclosures 11/15/2016; Non-Expert 9/1/2017; Expert 11/10/2017. Mid-Discovery Status Conference set f or 7/31/2017 at 09:00 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. Non-Dispositive Motion Deadlines: Filed by 12/1/2017; Hearing by 1/5/2018. Dispositive Motion Deadlines: Filed by 1/19/2018; Hearing by 2/16/2018. Pretrial Conference set for 3/23/2018 at 08:30 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. Jury Trial set for 5/7/2018 at 08:30 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JEROME J. MACK,

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Plaintiff,
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v.
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CALIFORNIA DEPARTMENT OF
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CORRECTIONS AND REHABILITATION, et )
al.,
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Defendants.
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Case No.: 1:15-cv-01600 JLT
SCHEDULING ORDER (Fed. R. Civ. P. 16)
Pleading Amendment Deadline: 1/20/2017
Discovery Deadlines:
Initial Disclosures: 11/15/2016
Non-Expert: 9/1/2017
Expert: 11/10/2017
Mid-Discovery Status Conference:
7/31/2017 at 9:00 a.m.

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Non-Dispositive Motion Deadlines:
Filing: 12/1/2017
Hearing: 1/5/2018

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Dispositive Motion Deadlines:
Filing: 1/19/2018
Hearing: 2/16/2018

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Pre-Trial Conference:
3/23/2018 at 8:30 a.m.
510 19th Street, Bakersfield, CA

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Trial: 5/7/2018 at 8:30 a.m.
510 19th Street, Bakersfield, CA
Jury trial: 15 days

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I.

September 30, 2016.

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Date of Scheduling Conference

II.

Appearances of Counsel

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Curtis Allen appeared on behalf of Plaintiff.

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Mary Horst appeared on behalf of Defendants.

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III.

Pleading Amendment Deadline
Any requested pleading amendments are ordered to be filed, either through a stipulation or

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motion to amend, no later than January 20, 2017.

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IV.

All claims against “Doe” Defendants are hereby DISMISSED.

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Fictitiously-Named Defendants

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Discovery Plan and Cut-Off Date
The parties agree that each side may depose 15 witnesses in addition to disclosed experts. Thus,

the Court GRANTS the request and each side may depose 15 witnesses.
The plaintiff seeks to propound 50 interrogatories though the defendants disagree with this

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request. Based upon the number of issues in this case, the Court GRANTS the request to extend the

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number of interrogatories to 30 per party. In the event the plaintiff feels he needs to propound more

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interrogatories1, he SHALL comply with the procedures set forth below under headnote VII.

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The parties are ordered to exchange the initial disclosures required by Fed. R. Civ. P. 26(a)(1)
no later than November 15, 2016.
The parties are ordered to complete all non-expert discovery no later than September 1, 2017
and all expert discovery no later than November 10, 2017.
The parties are directed to disclose all expert witnesses2, in writing, no later than September 15,

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2017 9, 2017, and to disclose all rebuttal experts no later than October 13, 2017. The written

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designation of retained and non-retained experts shall be made pursuant to Fed. R. Civ. P. Rule

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

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The parties SHALL use best efforts to satisfy their discovery needs within the 30-interrogatory limit.
In the event an expert will offer opinions related to an independent medical or mental health evaluation, the
examination SHALL occur sufficiently in advance of the disclosure deadline so the expert’s report fully details the
expert’s opinions in this regard.
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designate experts in compliance with this order may result in the Court excluding the testimony or other

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evidence offered through such experts that are not disclosed pursuant to this order.
The written designation of retained and non-retained experts shall be made pursuant to Fed.

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R. Civ. P. 26(a)(2), (A), (B), and (C) and shall include all information required thereunder.

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Failure to designate experts in compliance with this order may result in the Court excluding the

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testimony or other evidence offered through such experts that are not disclosed pursuant to this order.
The provisions of Fed. R. Civ. P. 26(b)(4) and (5) shall apply to all discovery relating to experts

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and their opinions. Experts must be fully prepared to be examined on all subjects and opinions

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included in the designation. Failure to comply will result in the imposition of sanctions, which may

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include striking the expert designation and preclusion of expert testimony.
The provisions of Fed. R. Civ. P. 26(e) regarding a party’s duty to timely supplement

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disclosures and responses to discovery requests will be strictly enforced.
A mid-discovery status conference is scheduled for July 31, 2017 at 9:00 a.m. before the

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Honorable Jennifer L. Thurston, U.S. Magistrate Judge, located at 510 19th Street, Bakersfield,

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California. Counsel SHALL file a joint mid-discovery status conference report one week before the

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conference. Counsel also SHALL lodge the status report via e-mail to [e-mail].

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The joint statement SHALL outline the discovery counsel have completed and that which needs to be

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completed as well as any impediments to completing the discovery within the deadlines set forth in this

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order. Counsel may appear via CourtCall, providing a written notice of the intent to appear

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telephonically is provided to the Magistrate Judge's Courtroom Deputy Clerk no later than five court

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days before the noticed hearing date.

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VI.

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Pre-Trial Motion Schedule
All non-dispositive pre-trial motions, including any discovery motions, shall be filed no later

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than December 1, 2017, and heard on or before January 5, 2018. The Court hears non-dispositive

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motions at 9:00 a.m. at the United States District Courthouse in Bakersfield, California.

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No motion to amend or stipulation to amend the case schedule will be entertained unless it

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is filed at least one week before the first deadline the parties wish to extend. Likewise, no written

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discovery motions shall be filed without the prior approval of the assigned Magistrate Judge. A party
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with a discovery dispute must first confer with the opposing party in a good faith effort to resolve by

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agreement the issues in dispute. If that good faith effort is unsuccessful, the moving party promptly

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shall seek a telephonic hearing with all involved parties and the Magistrate Judge. It shall be the

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obligation of the moving party to arrange and originate the conference call to the court. To schedule

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this telephonic hearing, the parties are ordered to contact the Courtroom Deputy Clerk, Susan Hall, at

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[phone] or via email at [e-mail]. Counsel must comply with Local Rule 251

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with respect to discovery disputes or the motion will be denied without prejudice and dropped

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from the Court’s calendar.

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All dispositive pre-trial motions shall be filed no later than January 19, 2018, and heard no

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later than February 16, 2018, before the Honorable Jennifer L. Thurston, United States Magistrate

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Judge, at the United States District Courthouse in Bakersfield, California. In scheduling such motions,

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

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VII.

Motions for Summary Judgment or Summary Adjudication

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At least 21 days before filing a motion for summary judgment or motion for summary

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adjudication, the parties are ORDERED to meet, in person or by telephone, to confer about the issues

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to be raised in the motion.

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The purpose of the meeting shall be to: 1) avoid filing motions for summary judgment where a

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question of fact exists; 2) determine whether the respondent agrees that the motion has merit in whole

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or in part; 3) discuss whether issues can be resolved without the necessity of briefing; 4) narrow the

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issues for review by the court; 5) explore the possibility of settlement before the parties incur the

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expense of briefing a motion; and 6) to develop a joint statement of undisputed facts.

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The moving party SHALL initiate the meeting and SHALL provide a complete, proposed

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statement of undisputed facts at least five days before the conference. The finalized joint statement of

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undisputed facts SHALL include all facts that the parties agree, for purposes of the motion, may be

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deemed true. In addition to the requirements of Local Rule 260, the moving party shall file the joint

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statement of undisputed facts.

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In the notice of motion the moving party SHALL certify that the parties have met and conferred
as ordered above, or set forth a statement of good cause for the failure to meet and confer. Failure to
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comply may result in the motion being stricken.

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VIII. Pre-Trial Conference Date
March 23, 2018, at 8:30 a.m. at the United States District Courthouse in Bakersfield,

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California, before the Honorable Jennifer L. Thurston, United States Magistrate Judge.
The parties are ordered to file a Joint Pretrial Statement pursuant to Local Rule 281(a)(2).

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The parties are further directed to submit a digital copy of their pretrial statement in Word format,

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directly to Judge Thurston's chambers, by email at [e-mail].
Counsels' attention is directed to Rules 281 and 282 of the Local Rules of Practice for the

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Eastern District of California, as to the obligations of counsel in preparing for the pre-trial conference.

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The Court will insist upon strict compliance with those rules. In addition to the matters set forth in the

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Local Rules the Joint Pretrial Statement shall include a Joint Statement of the case to be used by the

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Court to explain the nature of the case to the jury during voir dire.

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IX.

May 7, 2018, at 8:30 a.m. at the United States District Courthouse in Bakersfield, California,

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Trial Date

before United States Magistrate Judge Jennifer L. Thurston.

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A.

This is a jury trial.

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B.

Counsels' Estimate of Trial Time: 15 days.

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C.

Counsels' attention is directed to Local Rules of Practice for the Eastern District of

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California, Rule 285.

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X.

Settlement Conference

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If the parties desire a conference with the Court, they may file a joint written request for a

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settlement conference. Alternatively, the parties may file a joint written request for referral to the

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Court’s Voluntary Dispute Resolution Program.

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XI.

Request for Bifurcation, Appointment of Special Master, or other Techniques

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to Shorten Trial

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Not applicable at this time.

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XII.

Related Matters Pending
There are no pending related matters.
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XIII. Compliance with Federal Procedure
All counsel are expected to familiarize themselves with the Federal Rules of Civil Procedure

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

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amendments thereto. The Court must insist upon compliance with these Rules to efficiently handle its

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increasing case load, and sanctions will be imposed for failure to follow both the Federal Rules of Civil

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Procedure and the Local Rules of Practice for the Eastern District of California.

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XIV. Effect of this Order

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The foregoing order represents the best estimate of the court and counsel as to the agenda most
suitable to dispose of this case. The trial date reserved is specifically reserved for this case. If the

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parties determine at any time that the schedule outlined in this order cannot be met, counsel are ordered

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to notify the court immediately of that fact so that adjustments may be made, either by stipulation or by

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subsequent status conference.

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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 the request to modify is made by stipulation. Stipulations

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extending the deadlines contained herein will not be considered unless they are accompanied by

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affidavits or declarations, and where appropriate attached exhibits, which establish good cause

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for granting the relief requested.

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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:

September 30, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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