Luna et al v. County of Kern et al

Filing 89

ORDER Granting 88 Stipulation Regarding Discovery and Pretrial Schedule, signed by District Judge Dale A. Drozd on 7/6/2017. (Motions to exclude expert testimony due by 9/15/2017; oppositions to Daubert motions due by 10/2/2017; any replies in support of Daubert motions due by 10/9/2017; Hearing on Daubert motions and Final Pretrial Conference set for 10/16/2017, at 01:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd; Bench Trial set for 12/5/2017, at 01:00 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd.) (Gaumnitz, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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OSCAR LUNA, ALICIA PUENTES,
DOROTHY VELASQUEZ, and GARY
RODRIGUEZ,

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Plaintiffs,

ORDER GRANTING STIPULATION
REGARDING DISCOVERY AND PRETRIAL
SCHEDULE

v.
COUNTY OF KERN; KERN COUNTY
BOARD OF SUPERVISORS; MICK
GLEASON, ZACK SCRIVNER,MIKE
MAGGARD, DAVID COUCH, and
LETICIA PEREZ, in their official
capacities as members of the Kern County
Board of Supervisors; JOHN NILON, in
his official capacity as Kern County
Administrative Officer; and MARY B.
BEDARD, in her official capacity as Kern
County Registrar of Voters,

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No. 1:16-cv-00568-DAD-JLT

(Doc. No. 88)

Defendants.

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Pursuant to the stipulation of the parties (Doc. No. 88), and in accordance with the

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proceedings before this court on June 23, 2017, the court hereby orders the following discovery

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and pretrial deadlines:

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July 20 – 21, 2017

Plaintiffs to make Mr. David Ely available for further
deposition regarding the second illustrative map.
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July 24 – 28, 2014

Plaintiffs and their disclosed lay witnesses (Mr. Sam

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Ramirez and Ms. Dolores Huerta) to be made available for

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further deposition regarding the second illustrative map.

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August 25, 2017

Deadline for Defendants to disclose to Plaintiffs: (1) any

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rebuttal report from Dr. Douglas Johnson regarding the

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second illustrative map; (2) any amendments to the FRCP

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26(a)(2)(C) disclosures regarding Ms. Lorelei Oviatt’s

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anticipated testimony; and (3) the identity of any new

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documents and lay witnesses to be disclosed to address the

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new map.1

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September 4 – 8, 2017

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Defendants to make Dr. Johnson available for deposition
regarding his new rebuttal report.

September 15, 2017

The parties to file any motions to exclude expert testimony

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pursuant to Federal Rule of Evidence 702 and Daubert v.

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Merrell Dow Pharms., Inc., 509 U.S. 579 (1993) (Daubert).

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October 2, 2017

Parties to file oppositions, if any, to Daubert motions.

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October 9, 2017

Parties to file replies, if any, in support of Daubert motions.

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Plaintiffs’ agreement to these provisions are not meant as a waiver of their ability to apply to
Magistrate Judge Thurston for an order permitting them to depose any newly-disclosed witnesses,
as well as Teresa Hitchcock and Karen Rhea, notwithstanding the fact that such depositions
would exceed the number of depositions authorized by Federal Rule of Civil Procedure
30(a)(2)(A)(i), as previously modified by the agreement of the parties. Nor is Defendants’
agreement to these provisions meant as a waiver of any objection to such additional depositions.
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October 16, 2017 at 1:30 p.m.

Hearing on Daubert motions and Final Pretrial Conference.2

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December 5, 2017 at 1:00 p.m.

Bench Trial.

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IT IS SO ORDERED.

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Dated:

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July 6, 2017

UNITED STATES DISTRICT JUDGE

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Deadlines for trial briefs, motions in limine, and other trial-related matters shall be set forth in a
final pretrial order to be issued following the final pretrial conference.
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