Padron v. City of Parlier et al

Filing 25

SCHEDULING ORDER,signed by Magistrate Judge Stanley A. Boone on 02/8/17. ( Dispositive Motions filed by 1/12/2018, Non-Dispositive Motions filed by 10/20/2017, Jury Trial set for 5/8/2018 at 08:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone, Pretrial Conference set for 3/16/2018 at 09:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone) (Martin-Gill, S)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 Case No. 1: 16-cv-00549-SAB 10 11 SCHEDULING ORDER (Fed. R. Civ. P. 16) ALFONSO PADRON, 12 Plaintiff, 13 14 15 Non-Dispositive Motion Deadlines: Filing: October 20, 2017 Hearing: Pursuant to Local Rules v. 16 Dispositive Motion Deadlines: Filing: January 12, 2018 Hearing: Pursuant to Local Rules 17 18 Discovery Deadlines: Initial Disclosures: March 7, 2017 Non-Expert Discovery: October 20, 2017 Expert Disclosure: September 20, 2017 Supp Expert Disclosure: October 20, 2017 Expert Discovery: November 20, 2017 CITY OF PARLIER, ET. AL., 19 Defendants. 20 Pre-Trial Conference: March 16, 2018 at 9:30 a.m. Courtroom 9 Trial: May 8, 2018 at 8:30 a.m. Courtroom 9 Jury Trial - 3-5 Days 21 22 23 24 25 I. 26 The Scheduling Conference was held on February 7, 2017. Date of Scheduling Conference 27 28 1 1 II. 2 Alfonso Pardon (Pro Se) appeared on behalf of Plaintiff. 3 Gregory Myers appeared on behalf of Defendants. 4 III. 5 The parties have consented to proceed before a United States magistrate judge. 6 IV. 7 The Parties are ordered to exchange the initial disclosures required by Fed. R. Civ. P. 8 9 Appearances of Counsel Consent to Magistrate Judge Initial Disclosure under Fed. R. Civ. P. 26(a)(1) 26(a)(1) on or before March 7, 2017. V. Amendments to Pleading 10 The parties do not anticipate any amendments to the pleadings at this time. The parties 11 are advised that filing motions and/or stipulations requesting leave to amend the pleadings does 12 not reflect on the propriety of the amendment or imply good cause to modify the existing 13 schedule, if necessary. All proposed amendments must (A) be supported by good cause pursuant 14 to Fed. R. Civ. P. 16(b) if the amendment requires any modification to the existing schedule, see 15 Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992), and (B) establish, 16 under Fed. R. Civ. P. 15(a), that such an amendment is not (1) prejudicial to the opposing party, 17 (2) the product of undue delay, (3) proposed in bad faith, or (4) futile, see Foman v. Davis, 371 18 U.S. 178, 182 (1962). 19 VI. 20 The parties are ordered to complete all non-expert discovery on or before October 20, 21 Discovery Plan and Cut-Off Dates 2017 and all expert discovery on or before November 20, 2017. 22 The parties are directed to disclose all expert witnesses, in writing, on or before 23 September 20, 2017 and to disclose all supplemental experts on or before October 20, 2017. 24 The written designation of retained and non-retained experts shall be made pursuant to Fed. R. 25 Civ. P. 26(a)(2), (A), (B) and (C) and shall include all information required thereunder. 26 Failure to designate experts in compliance with this order may result in the Court excluding the 27 testimony or other evidence offered through the experts that are not properly disclosed in 28 compliance with this order. 2 1 The provisions of Fed. R. Civ. P. 26(b)(4) and (5) shall apply to all discovery relating to 2 experts and their opinions. Experts must be fully prepared to be examined on all subjects and 3 opinions included in the designation. Failure to comply will result in the imposition of sanctions, 4 which may include striking the expert designation and the exclusion of their testimony. 5 6 The provisions of Fed. R. Civ. P. 26(e) regarding a party's duty to timely supplement disclosures and responses to discovery requests will be strictly enforced. 7 The parties are cautioned that the discovery/expert cut-off deadlines are the dates by 8 which all discovery must be completed. Absent good cause, discovery motions will not be heard 9 after the discovery deadlines. Moreover, absent good cause, the Court will only grant relief on a 10 discovery motion if the relief requested requires the parties to act before the expiration of the 11 relevant discovery deadline. In other words, discovery requests and deposition notices must be 12 served sufficiently in advance of the discovery deadlines to permit time for a response, time to 13 meet and confer, time to prepare, file and hear a motion to compel and time to obtain relief on a 14 motion to compel. Counsel are expected to take these contingencies into account when proposing 15 discovery deadlines. Compliance with these discovery cutoffs requires motions to compel be 16 filed and heard sufficiently in advance of the discovery cutoff so that the Court may grant 17 effective relief within the allotted discovery time. A party's failure to have a discovery dispute 18 heard sufficiently in advance of the discovery cutoff may result in denial of the motion as 19 untimely. 20 VII. Pre-Trial Motion Schedule 21 Unless prior leave of Court is obtained at least seven (7) days before the filing date, all 22 moving and opposition briefs or legal memorandum in civil cases shall not exceed twenty-five 23 (25) pages. Reply briefs filed by moving parties shall not exceed ten (10) pages. Before 24 scheduling any motion, the parties must comply with all requirements set forth in Local Rule 230 25 and 251. 26 A. 27 As noted, all non-expert discovery, including motions to compel, shall be completed no 28 Non-Dispositive Pre-Trial Motions later than October 20, 2017. All expert discovery, including motions to compel, shall be 3 1 completed no later than November 20, 2017. Compliance with these discovery cutoffs requires 2 motions to compel be filed and heard sufficiently in advance of the discovery cutoff so that the 3 Court may grant effective relief within the allotted discovery time. A party’s failure to have a 4 discovery dispute heard sufficiently in advance of the discovery cutoff may result in denial of the 5 motion as untimely. Non-dispositive motions are heard on Wednesdays at 10:00 a.m., before 6 United States Magistrate Judge Stanley A. Boone in Courtroom 9. 7 In scheduling any non-dispositive motion, the Magistrate Judge may grant Applications 8 for an Order Shortening Time pursuant to Local Rule 144(e). However, if counsel does not 9 obtain an Order Shortening Time, the Notice of Motion must comply with Local Rule 251. 10 Counsel may appear and argue non-dispositive motions by telephone, providing a written 11 request to so appear is made to the Magistrate Judge's Courtroom Clerk no later than three (3) 12 court days before the noticed hearing date. In the event that more than one attorney requests to 13 appear by telephone, then it shall be the obligation of the moving party(ies) to arrange and 14 originate a conference call to the court. 15 Discovery Disputes: If a motion is brought under Fed. R. Civ. P. 37, the parties must 16 prepare and file a Joint Statement re Discovery Disagreement (“Joint Statement”) as required by 17 Local Rule 251. The Joint Statement must be filed seven (7) calendar days before the scheduled 18 hearing date. Courtesy copies of all motion-related documents, declarations, and exhibits must be 19 delivered to the Clerk’s Office by 10:00 a.m. on the fourth court day prior to the scheduled 20 hearing date. Motions will be removed from the court’s hearing calendar if the Joint Statement is 21 not timely filed or if courtesy copies are not timely delivered. In order to satisfy the meet and 22 confer requirement set forth in Local Rule 251(b), the parties must confer and talk to each other 23 in person, over the telephone or via video conferencing before the hearing about the discovery 24 dispute. The Court may issue sanctions against the moving party or the opposing party if either 25 party fails to meet and confer in good faith. 26 B. Dispositive Pre-Trial Motions 27 All dispositive pre-trial motions shall be filed no later than January 12, 2018 and heard 28 pursuant to the Local Rules in Courtroom 9 before United States Magistrate Judge Stanley A. 4 1 Boone. In scheduling such motions, counsel shall comply with Fed. R. Civ. P 56 and Local 2 Rules 230 and 260. 3 Motions for Summary Judgment or Summary Adjudication: Prior to filing a motion for 4 summary judgment or motion for summary adjudication, the parties are ORDERED to meet, in 5 person or by telephone, and confer to discuss the issues to be raised in the motion. 6 The purpose of the meeting shall be to: 1) avoid filing motions for summary judgment 7 where a question of fact exists; 2) determine whether the respondent agrees that the motion has 8 merit in whole or in part; 3) discuss whether issues can be resolved without the necessity of 9 briefing; 4) narrow the issues for review by the court; 5) explore the possibility of settlement 10 before the parties incur the expense of briefing a summary judgment motion; and 6) to arrive at a 11 Joint Statement of Undisputed Facts. 12 The moving party shall initiate the meeting and provide a draft of the Joint Statement of 13 Undisputed Facts. In addition to the requirements of Local Rule 260, the moving party shall 14 file a Joint Statement of Undisputed Facts. 15 In the Notice of Motion, the moving party shall certify that the parties have met and 16 conferred as ordered above or set forth a statement of good cause for the failure to meet and 17 confer. 18 VIII. Pre-Trial Conference Date 19 The Pre-Trial conference is set for March 16, 2018 at 9:30 a.m. in Courtroom 9 before 20 United States Magistrate Judge Stanley A. Boone. 21 The parties are ordered to file a Joint Pretrial Statement pursuant to Local Rule 22 281(a)(2). The parties are further directed to submit a digital copy of their Pretrial Statement in 23 Word format, directly to Magistrate Judge Stanley A. Boone’s chambers by email at 24 SABorders@caed.uscourts.gov. 25 Counsels’ attention is directed to Rules 281 and 282 of the Local Rules for the Eastern 26 District of California, as to the obligations of counsel in preparing for the pre-trial conference. 27 The Court will insist upon strict compliance with those rules. In addition to the matters set forth 28 in the Local Rules, the Joint Pretrial Statement shall include a Joint Statement of the Case to be 5 1 used by the Court to explain the nature of the case to the jury during voir dire. 2 IX. 3 Trial is set for May 8, 2018 at 8:30 a.m. 4 Trial Date in Courtroom 9 before United States Magistrate Judge Stanley A. Boone. 5 A. This is a jury trial. 6 B. Counsels’ Estimate of Trial Time: 3-5 Days. 7 C. Counsels’ attention is directed to Local Rule 285 for the Eastern District of 8 9 California. X. Settlement Conference 10 Should the parties desire a settlement conference, they will jointly request one of the 11 court, and one will be arranged. In making such request, the parties are directed to notify the 12 court as to whether or not they desire the undersigned to conduct the settlement conference or to 13 arrange for one before another judicial officer. 14 XI. 15 Request for Bifurcation, Appointment of Special Master, or other Techniques to Shorten Trial 16 Not applicable at this time. 17 XII. 18 There are no pending related matters. 19 XIII. Compliance with Federal Procedure 20 All counsel are expected to familiarize themselves with the Federal Rules of Civil 21 Procedure and the Local Rules of the Eastern District of California, and to keep abreast of any 22 amendments thereto. 23 efficiently handle its increasing case load and sanctions will be imposed for failure to follow the 24 Rules as provided in both the Federal Rules of Civil Procedure and the Local Rules for the 25 Eastern District of California. Related Matters Pending The Court must insist upon compliance with these Rules if it is to 26 Additional requirements and more detailed procedures for courtroom practice before 27 United States Magistrate Judge Stanley A. Boone can be found at the United States District Court 28 for the Eastern District of California’s website (www.caed.uscourts.gov) under Judges; United 6 1 States Magistrate Judge Stanley A. Boone (SAB). In the area entitled “Case Management 2 Procedures,” there is a link to “Standard Information.” All parties and counsel shall comply with 3 the guidelines set forth therein. 4 XIV. Effect of this Order 5 The foregoing order represents the best estimate of the court and counsel as to the agenda 6 most suitable to dispose of this case. The trial date reserved is specifically reserved for this case. 7 If the parties determine at any time that the schedule outlined in this order cannot be met, counsel 8 are ordered to notify the court immediately of that fact so that adjustments may be made, either 9 by stipulation or by subsequent status conference. 10 Stipulations extending the deadlines contained herein will not be considered unless 11 they are accompanied by affidavits or declarations, and where appropriate attached 12 exhibits, which establish good cause for granting the relief requested. The parties are 13 advised that due to the impacted nature of civil cases on the district judges in the Eastern 14 District of California, Fresno Division, that stipulations to continue set dates are disfavored 15 and will not be granted absent good cause. 16 Lastly, should counsel or a party appearing pro se fail to comply with the directions 17 as set forth above, an ex parte hearing may be held and contempt sanctions, including 18 monetary sanctions, dismissal, default, or other appropriate judgment, may be imposed 19 and/or ordered. 20 21 22 IT IS SO ORDERED. Dated: February 8, 2017 UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 7

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