United States v. Jara, Jr. et al.

Filing 19

SCHEDULING ORDER, signed by Magistrate Judge Jennifer L. Thurston on 12/28/2016. Consent/Decline Deadline 1/9/2017. Pleading Amendment Deadline 2/3/2017. Discovery Deadlines: Initial Disclosures 1/13/2017; Non-Expert 4/28/2017; Expert 6/2/2017. Mid-Discovery Status Conference set for 2/3/2017 at 09:00 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. Non-Dispositive Motion Deadlines: Filed by 6/16/2017; Hearing by 7/14/2017. Dispositive Motion Dea dlines: Filed by 7/28/2017; Hearing by 9/11/2017. Settlement Conference set for 10/30/2017 at 09:00 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. Pretrial Conference set for 11/14/2017 at 10:00 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. Jury Trial set for 1/9/2018 at 08:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Hall, S)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 UNITED STATES OF AMERICA, 11 12 Plaintiff, v. 13 ELISEO JARA, JR., et al., 14 Defendants. 15 ) ) ) ) ) ) ) ) ) Case No.: 1:16-cv-00906 AWI JLT SCHEDULING ORDER (Fed. R. Civ. P. 16) Pleading Amendment Deadline: 2/3/2017 Initial Disclosures: 1/13/2017 Discovery Deadlines: Non-Expert: 4/28/2017 Expert: 6/2/2017 Mid-Discovery Status Conference: 2/3/2017 at 9:00 a.m. 16 17 18 Non-Dispositive Motion Deadlines: Filing: 6/16/2017 Hearing: 7/14/2017 19 20 Dispositive Motion Deadlines: Filing: 7/28/2017 Hearing: 9/11/2017 21 22 Settlement Conference: 10/30/2017, 9:00 a.m. 510 19th Street, Bakersfield, CA 23 24 25 Pre-Trial Conference: 11/14/2017 at 10:00 a.m. Courtroom 2 26 27 Trial: 28 1 1/9/2018 at 8:30 a.m. Courtroom 2 Jury trial: 3-5 days 1 2 I. Information Concerning the Court’s Schedule Out of fairness, the Court believes it is necessary to forewarn litigants that the Fresno Division 3 of the Eastern District of California now has the heaviest District Court Judge caseload in the entire 4 nation. While the Court will use its best efforts to resolve this case and all other civil cases in a timely 5 manner, the parties are admonished that not all of the parties’ needs and expectations may be met as 6 expeditiously as desired. As multiple trials are now being set to begin upon the same date, parties may 7 find their case trailing with little notice before the trial begins. The law requires that the Court give any 8 criminal trial priority over civil trials or any other matter. The Court must proceed with a criminal trial 9 even if a civil trial was filed earlier and set for trial first. Continuances of any civil trial under these 10 circumstances will no longer be entertained, absent a specific and stated finding of good cause. All 11 parties should be informed that any civil trial set to begin during the time a criminal trial is proceeding 12 will trail the completion of the criminal trial. 13 The parties are reminded of the availability of a United States Magistrate Judge to conduct all 14 proceedings in this action. A United States Magistrate Judge is available to conduct trials, including 15 entry of final judgment, pursuant to 28 U.S.C. § 636(c), Federal Rule of Civil Procedure 73, and Local 16 Rule 305. The same jury pool is used by both United States Magistrate Judges and United States 17 District Court Judges. Any appeal from a judgment entered by a Magistrate Judge is taken directly to 18 the United States Court of Appeal for the Ninth Circuit. However, the parties are hereby informed that 19 no substantive rulings or decisions will be affected by whether a party chooses to consent. 20 Finally, the Fresno Division of the Eastern District of California, whenever possible, is utilizing 21 United States Article III District Court Judges from throughout the nation as Visiting Judges. Pursuant 22 to the Local Rules, Appendix A, reassignments will be random, and the parties will receive no advance 23 notice before their case is reassigned to an Article III District Court Judge from outside of the Eastern 24 District of California. 25 26 Therefore, the parties are directed to consider consenting to Magistrate Judge jurisdiction to conduct all further proceedings, including trial. Within 10 days of the date of this order, the 27 28 2 1 defendants1 SHALL file a consent/decline form (provided by the Court at the inception of this case) 2 indicating whether they will consent to the jurisdiction of the Magistrate Judge. 3 II. Pleading Amendment Deadline Any requested pleading amendments are ordered to be filed, either through a stipulation or 4 5 motion to amend, no later than February 3, 2017. 6 III. 7 8 9 10 11 12 13 Discovery Plan and Cut-Off Date The parties have agreed to a clawback agreement. (Doc. 9 at 5-6) The Court GRANTS the stipulation to proceed in the manner described in the agreement Id. The parties SHALL exchange the initial disclosures required by Fed. R. Civ. P. 26(a)(1) no later than January 13, 2017. The parties are ordered to complete all discovery pertaining to non-experts on or before April 28, 2017, and all discovery pertaining to experts on or before June 2, 2017. The parties are directed to disclose all expert witnesses2, in writing, on or before April 28, 14 2017, and to disclose all rebuttal experts on or before May 12, 2017. The written designation of 15 retained and non-retained experts shall be made pursuant to Fed. R. Civ. P. Rule 26(a)(2), (A), (B), 16 and (C) and shall include all information required thereunder. Failure to designate experts in 17 compliance with this order may result in the Court excluding the testimony or other evidence offered 18 through such experts that are not disclosed pursuant to this order. 19 The provisions of Fed. R. Civ. P. 26(b)(4) and (5) shall apply to all discovery relating to experts 20 and their opinions. Experts must be fully prepared to be examined on all subjects and opinions 21 included in the designation. Failure to comply will result in the imposition of sanctions, which may 22 include striking the expert designation and preclusion of expert testimony. 23 24 25 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. A mid-discovery status conference is scheduled for February 3, 2017 at 9:00 a.m. before the 26 27 28 1 The plaintiff has indicated its willingness to consent in the joint scheduling conference report. (Doc. 9 at 7-8) 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. 2 3 1 Honorable Jennifer L. Thurston, U.S. Magistrate Judge, located at 510 19th Street, Bakersfield, 2 California. The parties SHALL file a joint mid-discovery status conference report one week before the 3 conference. They also SHALL lodge the status report via e-mail to JLTorders@caed.uscourts.gov. 4 The joint statement SHALL outline the discovery counsel have completed and that which needs to be 5 completed as well as any impediments to completing the discovery within the deadlines set forth in this 6 order. Counsel may appear via CourtCall. 7 IV. 8 Pre-Trial Motion Schedule All non-dispositive pre-trial motions, including any discovery motions, shall be filed no later 9 than June 16, 2017, and heard on or before July 16, 2017. Non-dispositive motions are heard at 9:00 10 a.m., before the Honorable Jennifer L. Thurston, United States Magistrate Judge, at the United States 11 District Courthouse located at 510 19th Street, Bakersfield, California. 12 No written discovery motions shall be filed without the prior approval of the assigned 13 Magistrate Judge. A party with a discovery dispute must first confer with the opposing party in a good 14 faith effort to resolve by agreement the issues in dispute. If that good faith effort is unsuccessful, the 15 moving party promptly shall seek a telephonic hearing with all involved parties and the Magistrate 16 Judge. It shall be the obligation of the moving party to arrange and originate the conference call to the 17 court. To schedule this telephonic hearing, the parties are ordered to contact Courtroom Deputy Clerk, 18 Susan Hall at (661) 326-6620 or via email at SHall@caed.uscourts.gov. Counsel must comply with 19 Local Rule 251 with respect to discovery disputes or the motion will be denied without prejudice 20 and dropped from calendar. 21 In scheduling such motions, the Magistrate Judge may grant applications for an order shortening 22 time pursuant to Local Rule 144(e). However, if counsel does not obtain an order shortening time, the 23 notice of motion must comply with Local Rule 251. Counsel may appear and argue non-dispositive 24 motions via CourtCall. 25 All dispositive pre-trial motions shall be filed no later than July 28, 2017, and heard no later 26 than September 11, 2017, in Courtroom 2 at 1:30 p.m. before the Honorable Anthony W. Ishii, United 27 States District Court Judge. In scheduling such motions, counsel shall comply with Fed. R. Civ. P. 56 28 and Local Rules 230 and 260. 4 1 V. Motions for Summary Judgment or Summary Adjudication At least 21 days before filing a motion for summary judgment or motion for summary 2 3 adjudication, the parties are ORDERED to meet, in person or by telephone, to confer about the issues to 4 be raised in the motion. The purpose of the meeting shall be to: 1) avoid filing motions for summary judgment where a 5 6 question of fact exists; 2) determine whether the respondent agrees that the motion has merit in whole or 7 in part; 3) discuss whether issues can be resolved without the necessity of briefing; 4) narrow the issues 8 for review by the court; 5) explore the possibility of settlement before the parties incur the expense of 9 briefing a motion; and 6) to develop a joint statement of undisputed facts. The moving party SHALL initiate the meeting and SHALL provide a complete, proposed 10 11 statement of undisputed facts at least five days before the conference. The finalized joint statement of 12 undisputed facts SHALL include all facts that the parties agree, for purposes of the motion, may be 13 deemed true. In addition to the requirements of Local Rule 260, the moving party shall file the joint 14 statement of undisputed facts. In the notice of motion the moving party SHALL certify that the parties have met and conferred 15 16 as ordered above, or set forth a statement of good cause for the failure to meet and confer. Failure to 17 comply may result in the motion being stricken. 18 VI. Pre-Trial Conference Date 19 November 14, 2017, at 10:00 a.m. in Courtroom 2 before Judge Ishii. 20 The parties are ordered to file a Joint Pretrial Statement pursuant to Local Rule 281(a)(2). 21 The parties are further directed to submit a digital copy of their pretrial statement in Word format, 22 directly to Judge Ishii’s chambers, by email at AWIOrders@caed.uscourts.gov. Counsels’ attention is directed to Rules 281 and 282 of the Local Rules of Practice for the 23 24 Eastern District of California, as to the obligations of counsel in preparing for the pre-trial conference. 25 The Court will insist upon strict compliance with those rules. In addition to the matters set forth in the 26 Local Rules the Joint Pretrial Statement shall include a Joint Statement of the case to be used by the 27 Court to explain the nature of the case to the jury during voir dire. 28 /// 5 1 2 3 VII. Trial Date January 9, 2018, at 8:30 a.m. in Courtroom 2 before the Honorable Anthony W. Ishii, United States District Court Judge. 4 A. This is a jury trial. 5 B. Counsels' Estimate of Trial Time: 3-5 days. 6 C. Counsels' attention is directed to Local Rules of Practice for the Eastern District of 7 California, Rule 285. 8 VIII. Settlement Conference 9 A Settlement Conference is scheduled for October 30, 2017 at 9:00 a.m. located at 510 19th 10 Street, Bakersfield, California. Notwithstanding the requirements of Local Rule 270(b), the settlement 11 conference will be conducted by Magistrate Judge Thurston. The Court deems the deviation from the 12 Local Rule to be appropriate and in the interests of the parties and justice and sound case management 13 based upon the location of the parties. If any party prefers that the settlement conference be 14 conducted by a different judicial officer, that party is directed to notify the Court no later than 60 15 days in advance of the scheduled settlement conference to allow sufficient time for another judicial 16 officer to be assigned to handle the conference. 17 Unless otherwise permitted in advance by the Court, the attorneys who will try the case shall 18 appear at the Settlement Conference with the parties and the person or persons having full authority 19 to negotiate and settle the case on any terms3 at the conference. Consideration of settlement is a 20 serious matter that requires preparation prior to the settlement conference. Set forth below are the 21 procedures the Court will employ, absent good cause, in conducting the conference. 22 23 At least twenty-one days before the settlement conference, Plaintiff SHALL submit to Defendant via fax or e-mail, a written itemization of damages and a meaningful4 settlement demand 24 25 26 27 28 3 Insurance carriers, business organizations, and governmental bodies or agencies whose settlement agreements are subject to approval by legislative bodies, executive committees, boards of directors or the like shall be represented by a person or persons who occupy high executive positions in the party organization and who will be directly involved in the process of approval of any settlement offers or agreements. To the extent possible the representative shall have the authority, if he or she deems it appropriate, to settle the action on terms consistent with the opposing party's most recent demand. 4 “Meaningful” means that the offer is reasonably calculated to settle the case on terms acceptable to the offering party. “Meaningful” does not include an offer which the offering party knows will not be acceptable to the other party. If, however, the offering party is only willing to offer a settlement which it knows the other party will not accept, this should 6 1 which includes a brief explanation of why such a settlement is appropriate. Thereafter, no later than 2 fourteen days before the settlement conference, Defendant SHALL respond, via fax or e-mail, with an 3 acceptance of the offer or with a meaningful counteroffer, which includes a brief explanation of why 4 such a settlement is appropriate. If settlement is not achieved, each party SHALL attach copies of their settlement offers to their 5 6 Confidential Settlement Conference Statement, as described below. Copies of these documents shall 7 not be filed on the court docket. CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT 8 At least five court days before the settlement conference, the parties shall submit, directly to 9 10 Judge Thurston's chambers by e-mail to JLTOrders@caed.uscourts.gov, a Confidential Settlement 11 Conference Statement. The statement should not be filed with the Clerk of the Court nor served on 12 any other party, although the parties may file a Notice of Lodging of Settlement Conference 13 Statement. Each statement shall be clearly marked "confidential" with the date and time of the 14 Settlement Conference indicated prominently thereon. 15 The Confidential Settlement Conference Statement shall include the following: 16 A. A brief statement of the facts of the case. 17 B. A brief statement of the claims and defenses, i.e., statutory or other grounds upon which 18 the claims are founded; a forthright evaluation of the parties' likelihood of prevailing on 19 the claims and defenses; and a description of the major issues in dispute. 20 C. A summary of the proceedings to date. 21 D. An estimate of the cost and time to be expended for further discovery, pretrial and trial. 22 E. The relief sought. 23 F. The party's position on settlement, including present demands and offers and a history of past settlement discussions, offers and demands. 24 25 /// 26 /// 27 28 trigger a recognition the case is not in a settlement posture and the parties should confer about continuing or vacating the settlement conference via stipulation. 7 1 IX. Requests for Bifurcation, Appointment of Special Master, or other 2 Techniques to Shorten Trial 3 Not applicable at this time. 4 X. Related Matters Pending There are no pending related matters. 5 6 XI. Compliance with Federal Procedure All counsel are expected to familiarize themselves with the Federal Rules of Civil Procedure 7 8 and the Local Rules of Practice of the Eastern District of California, and to keep abreast of any 9 amendments thereto. The Court must insist upon compliance with these Rules if it is to efficiently 10 handle its increasing case load, and sanctions will be imposed for failure to follow the Rules as 11 provided in both the Federal Rules of Civil Procedure and the Local Rules of Practice for the Eastern 12 District of California. 13 XII. 14 Effect of this Order The foregoing order represents the best estimate of the court and counsel as to the agenda most 15 suitable to dispose of this case. The trial date reserved is specifically reserved for this case. If the 16 parties determine at any time that the schedule outlined in this order cannot be met, counsel are ordered 17 to notify the court immediately of that fact so that adjustments may be made, either by stipulation or by 18 subsequent status conference. 19 The dates set in this Order are considered to be firm and will not be modified absent a 20 showing of good cause even if the request to modify is made by stipulation. Stipulations 21 extending the deadlines contained herein will not be considered unless they are accompanied by 22 affidavits or declarations, and where appropriate attached exhibits, which establish good cause 23 for granting the relief requested. 24 Failure to comply with this order may result in the imposition of sanctions. 25 26 27 28 IT IS SO ORDERED. Dated: December 28, 2016 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 8

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