Berry v. Yosemite Community College District et al

Filing 47

ORDER GRANTNG, in part, defendants' ex parte application to modify the scheduling order or, in the alternative, to shorten time to hear a noticed motion to modify the scheduling order. Accordingly, the Court's scheduling order(s) are modif ied as follows: Initial Expert Disclosures due by 2/25/2019; Rebuttal/Supplemental Expert Disclosures due by 3/25/2019; Expert Discovery due by 4/29/2019; and Dispositive Motions filing deadline is extended to 5/28/2019; with all other dates to remain as previously set. Order signed by Magistrate Judge Erica P. Grosjean on 12/10/2018. (Rooney, M)

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UNITED STATES DISTRICT COURT

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Case No. 1:16-cv-00411-LJO-EPG

DEBRA BERRY,
Plaintiff,
v.

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YOSEMITE COMMUNITY COLLEGE
DISTRICT, a Public Educational
Institution, Junior College, et al.,

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ORDER GRANTING IN PART
DEFENDANTS’ EX PARTE
APPLICATION TO MODIFY THE
SCHEDULING ORDER OR, IN THE
ALTERNATIVE, TO SHORTEN THE
TIME TO HEAR A NOTICED
MOTION TO MODIFY THE
SCHEDULING ORDER

Defendants.
(ECF No. 46)

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EASTERN DISTRICT OF CALIFORNIA
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Debra Berry (“Plaintiff”) is proceeding pro se and in forma pauperis with this civil rights

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action pursuant to 42 U.S.C. § 1983 and Title VI of the Civil Rights Act of 1964, 42 U.S.C. §

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2000d. On March 25, 2016, Plaintiff commenced this action by filing a Complaint against

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Yosemite Community College District, Modesto Junior College, Bryan Justin Marks, Jacqueline

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Jordan (erroneously sued as “Jackie Jorden”), Ellen Dambrosio (erroneously sued as “Ellen

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Bambrosia”), Iris Caroll (erroneously sued as “Iris Carol”), and Brandon McCarty (erroneously

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sued as “Granden McCarthy”) (collectively “Defendants”). (ECF No. 1).

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On January 22, 2018, the court issued a Scheduling Order, setting the following dates and
deadlines:
Discovery Deadlines:
Non-Expert: 11/16/2018
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Expert: 3/8/2019
Expert Disclosure Deadlines:
Filing: 12/14/2018
Supplemental/Rebuttal: 1/11/2019
Motion Deadlines:
Non-Dispositive:
Filing: 4/5/2019
Dispositive:
Filing: 5/10/2019
Hearing: 6/27/2019 at 8:30 am, Courtroom 4
Pretrial Conference:
8/8/2019 at 8:30am, Courtroom 4
Jury Trial:
11/5/2019 at 8:30 am, Courtroom 4 (7 - 10 days)

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(ECF No. 28).
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On November 28, 2018, Defendants filed an ex parte application to further modify the
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Scheduling Order in this action. (ECF No. 44). Good cause appearing, the Court modified the
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deadlines for initial expert disclosure, expert rebuttal/supplemental expert disclosure, expert
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discovery and non-dispositive motion filing, but left unchanged the dates and deadlines for
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dispositive motion filing, a dispositive motion hearing, a pretrial conference, and the jury trial.
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(ECF No. 45).
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On December 7, 2018, Defendants filed a second ex parte application to further modify
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the Scheduling Order in this action or, in the alternative, to shorten the time to hear a noticed
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motion to modify the Scheduling Order. (ECF No. 46). Defendants seek a three-month
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extension of the dates in the Scheduling Order as follows:
Current Date
Initial Expert Disclosure
January 14, 2019
Initial Expert Disclosure:
February 11, 2019
Expert Rebuttal/Supplemental:
April 8, 2019
Expert Discovery:
May 6, 2019
May 10, 2019
Non-Dispositive Motion Filing:
Dispositive Motion Filing:
June 27, 2019
Dispositive Motion Hearing:
August 8, 2019
Pretrial Conference:
November 5, 2019
Jury Trial:

Requested New Date
April 15, 2019
May 13, 2019
July 8, 2019
August 6, 2019
August 12, 2019
September 27, 2019
November 8, 2019
February 5, 2020

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Defendants explain that they are seeking to further modify the Scheduling Order because Plaintiff
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refused to answer approximately one quarter of the questions asked of her in her deposition on
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December 5, 2018, including questions regarding her injuries and damages, and Defendants

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intend to file a motion to compel Plaintiff’s testimony. Defendants state that the requested three-

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month extension is their estimate for the time needed to compel and take the remainder of

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Plaintiff’s incomplete deposition.

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Initially, as Defendants have notified the Court that they intend to file a motion to compel,

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the Court sets the following briefing schedule for the prospective motion to compel. A motion to

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compel hearing is set for January 25, 2019 at 1:30 p.m. in Courtroom 10. Defendants shall file

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their motion to compel by no later than January 4, 2019. Plaintiff shall file any opposition to the

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motion to compel by no later than January 11, 2019, and Defendants shall file any reply by no

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later than January 18, 2019.
The Court finds good cause to modify the Scheduling Order. However, the Court does not

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find good cause to extend the schedule by three months. Furthermore, due to the impacted

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calendar of the assigned district judge, the dates for the dispositive motion filing, pretrial

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conference, and the jury trial cannot be modified, and must remain unchanged. Accordingly, the

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Scheduling Order is further modified as follows:
Current Date
Initial Expert Disclosure:
January 14, 2019
Expert
Rebuttal/Supplemental:
February 11, 2019
Expert Discovery Cut-off:
April 8, 2019
Non-Dispositive Motion
May 6, 2019
Filing:
Dispositive Motion Filing:
May 10, 2019
Dispositive Motion Hearing: June 27, 2019
Pretrial Conference:
August 8, 2019
Jury Trial:
November 5, 2019

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Requested Date
April 15, 2019

New Date
February 25, 2019

May 13, 2019
July 8, 2019

March 25, 2019
April 29, 2019

August 6, 2019
August 12, 2019
September 27, 2019
November 8, 2019
February 5, 2020

May 6, 2019
May 28, 2019
June 27, 2019
August 8, 2019
November 5, 2019

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The parties should consider this schedule to be firm. The Court has attempted to give the
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parties as much time as possible, while keeping the trial and associated dates.
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IT IS SO ORDERED.

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Dated:

December 11, 2018

/s/
UNITED STATES MAGISTRATE JUDGE

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