Winn v. County of Kern et al

Filing 10

SCHEDULING ORDER, signed by Magistrate Judge Jennifer L. Thurston on 10/18/2016. Pleading Amendment Deadline 1/13/2017. Discovery Deadlines: Initial Disclosures 11/4/2016; Non-Expert 7/24/2017; Expert 9/5/2017. Mid-Discovery Status Conference set f or 7/24/2017 at 08:15 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. Non-Dispositive Motion Deadlines: Filed by 9/19/2017; Hearing by 10/17/2017. Dispositive Motion Deadlines: Filed by 11/3/2017; Hearing by 12/5/2017. Settlement Conference set for 9/11/2017 at 09:30 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. Pretrial Conference set for 1/23/2018 at 01:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Jury Trial set for 3/20/2018 at 08:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Hall, S)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 JAY WINN, Plaintiff, 11 12 13 14 15 v. COUNTY OF KERN, et al., Defendants. ) ) ) ) ) ) ) ) ) ) Case: 1:16-CV-01021 - DAD - JLT SCHEDULING ORDER (Fed. R. Civ. P. 16) Pleading Amendment Deadline: 1/13/2017 Discovery Deadlines: Initial Disclosures: 11/4/2016 Non-Expert: 7/24/2017 Expert: 9/5/2017 Mid-Discovery Status Conference: 7/24/2017 at 8:15 a.m. 16 17 Non-Dispositive Motion Deadlines: Filing: 9/19/2017 Hearing: 10/17/2017 18 19 Dispositive Motion Deadlines: Filing: 11/3/2017 Hearing: 12/5/2017 20 21 22 Settlement Conference: 9/11/2017 at 9:30 a.m. 510 19th Street, Bakersfield, CA 23 24 26 Pre-Trial Conference: 1/23/2018 at 1:30 p.m. Courtroom 5 27 Trial: 25 28 1 3/20/2018 at 8:30 a.m. Courtroom 5 Jury trial: 4-6 days 1 I. October 17, 2016. 2 3 Date of Scheduling Conference II. Appearances of Counsel 4 Michael McGill appeared on behalf of Plaintiff. 5 James Brannen appeared on behalf of Defendants. 6 III. Pleading Amendment Deadline Any requested pleading amendments are ordered to be filed, either through a stipulation or 7 8 motion to amend, no later than January 13, 2017. Any motion to amend the pleading SHALL be set 9 before the Honorable Dale A. Drozd, United States District Court Judge. 10 11 12 13 14 IV. Discovery Plan and Cut-Off Date The parties are ordered to exchange the initial disclosures required by Fed. R. Civ. P. 26(a)(1) on or before November 4, 2016. The parties are ordered to complete all discovery pertaining to non-experts on or before July 24, 2017, and all discovery pertaining to experts on or before September 5, 2017. 15 The parties are directed to disclose all expert witnesses1, in writing, on or before August 7, 16 2017, and to disclose all rebuttal experts on or before August 21, 2017. The written designation of 17 retained and non-retained experts shall be made pursuant to Fed. R. Civ. P. Rule 26(a)(2), (A), (B), 18 and (C) and shall include all information required thereunder. Failure to designate experts in 19 compliance with this order may result in the Court excluding the testimony or other evidence offered 20 through such experts that are not disclosed pursuant to this order. 21 The provisions of Fed. R. Civ. P. 26(b)(4) and (5) shall apply to all discovery relating to experts 22 and their opinions. Experts must be fully prepared to be examined on all subjects and opinions 23 included in the designation. Failure to comply will result in the imposition of sanctions, which may 24 include striking the expert designation and preclusion of expert testimony. 25 26 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. 27 28 1 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 A mid-discovery status conference is scheduled for July 24, 2017 at 8:15 a.m. before the 1 2 Honorable Jennifer L. Thurston, U.S. Magistrate Judge, located at 510 19th Street, Bakersfield, 3 California. Counsel SHALL file a joint mid-discovery status conference report one week before the 4 conference. Counsel also SHALL lodge the status report via e-mail to 5 The joint statement SHALL outline the discovery counsel have completed and that which needs to be 6 completed as well as any impediments to completing the discovery within the deadlines set forth in this 7 order. Counsel may appear via CourtCall, providing a written notice of the intent to appear 8 telephonically is provided to the Magistrate Judge's Courtroom Deputy Clerk no later than five court 9 days before the noticed hearing date. 10 11 V. Pre-Trial Motion Schedule All non-dispositive pre-trial motions, including any discovery motions, shall be filed no later 12 than September 19, 2017, and heard on or before October 17, 2017. Non-dispositive motions are 13 heard before the Honorable Jennifer L. Thurston, United States Magistrate Judge at the United States 14 Courthouse in Bakersfield, California. 15 No motion to amend or stipulation to amend the case schedule will be entertained unless it 16 is filed at least one week before the first deadline the parties wish to extend. Likewise, no written 17 discovery motions shall be filed without the prior approval of the assigned Magistrate Judge. A party 18 with a discovery dispute must first confer with the opposing party in a good faith effort to resolve by 19 agreement the issues in dispute. If that good faith effort is unsuccessful, the moving party promptly 20 shall seek a telephonic hearing with all involved parties and the Magistrate Judge. It shall be the 21 obligation of the moving party to arrange and originate the conference call to the court. To schedule 22 this telephonic hearing, the parties are ordered to contact the Courtroom Deputy Clerk, Susan Hall, at 23 (661) 326-6620 or via email at Counsel must comply with Local Rule 251 24 with respect to discovery disputes or the motion will be denied without prejudice and dropped 25 from the Court’s calendar. 26 All dispositive pre-trial motions shall be filed no later than November 3, 2017 and heard no 27 later than December 5, 2017, in Courtroom 5 at 9:30 a.m. before the Honorable Dale A. Drozd, United 28 States District Court Judge. In scheduling such motions, counsel shall comply with Fed. R. Civ. P. 56 3 1 and Local Rules 230 and 260. 2 VI. Motions for Summary Judgment or Summary Adjudication 3 At least 21 days before filing a motion for summary judgment or motion for summary 4 adjudication, the parties are ORDERED to meet, in person or by telephone, to confer about the issues 5 to be raised in the motion. 6 The purpose of the meeting shall be to: 1) avoid filing motions for summary judgment where a 7 question of fact exists; 2) determine whether the respondent agrees that the motion has merit in whole 8 or in part; 3) discuss whether issues can be resolved without the necessity of briefing; 4) narrow the 9 issues for review by the court; 5) explore the possibility of settlement before the parties incur the 10 expense of 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 11 12 statement of undisputed facts at least five days before the conference. The finalized joint statement of 13 undisputed facts SHALL include all facts that the parties agree, for purposes of the motion, may be 14 deemed true. In addition to the requirements of Local Rule 260, the moving party shall file the joint 15 statement of undisputed facts. In the notice of motion the moving party SHALL certify that the parties have met and conferred 16 17 as ordered above, or set forth a statement of good cause for the failure to meet and confer. Failure to 18 comply may result in the motion being stricken. 19 VII. Pre-Trial Conference Date 20 January 23, 2018 at 1:30 p.m. in Courtroom 5 before Judge Drozd. 21 The parties are ordered to file a joint pretrial statement pursuant to Local Rule 281(a)(2). 22 The parties are further directed to submit a digital copy of their pretrial statement in Word format, 23 directly to Judge Drozd's chambers, by email at 24 Counsels' attention is directed to Rules 281 and 282 of the Local Rules of Practice for the 25 Eastern District of California, as to the obligations of counsel in preparing for the pre-trial conference. 26 The Court will insist upon strict compliance with those rules. In addition to the matters set forth in the 27 Local Rules the joint pretrial statement shall include a joint statement of the case to be used by the 28 Court to explain the nature of the case to the jury during voir dire. 4 1 VIII. Trial Date March 20, 2018 at 8:30 a.m. in Courtroom 5 before the Honorable Dale A. Drozd, United 2 3 States District Court Judge. 4 A. This is a jury trial. 5 B. Counsels' Estimate of Trial Time: 4-6 days. 6 C. Counsels' attention is directed to Local Rules of Practice for the Eastern District of 7 California, Rule 285. 8 IX. Settlement Conference 9 A settlement conference is scheduled for September 11, 2017 at 9:30 a.m., located at 510 19th 10 Street, Bakersfield, California. Despite the provisions of Local Rule 270(b), the settlement conference 11 will be conducted by Magistrate Judge Thurston. If any party prefers that the settlement conference 12 is conducted by a judicial officer not already assigned to this case, that party is directed to notify 13 the Court at least 60 days in advance of the scheduled settlement conference to allow sufficient 14 time for another judicial officer to be assigned to handle the conference. 15 Unless otherwise permitted in advance by the Court, the attorneys who will try the case shall 16 appear at the settlement conference with the parties and the person or persons having full authority 17 to negotiate and settle the case on any terms2 at the conference. Consideration of settlement is a 18 serious matter that requires preparation prior to the settlement conference. Set forth below are the 19 procedures the Court will employ, absent good cause, in conducting the conference. 20 At least 21 days before the settlement conference, Plaintiff SHALL submit to Defendant via 21 fax or e-mail, a written itemization of damages and a meaningful3 settlement demand which includes a 22 brief explanation of why such a settlement is appropriate. Thereafter, no later than 14 days before the 23 settlement conference, Defendant SHALL respond, via fax or e-mail, with an acceptance of the offer or 24 25 26 27 28 2 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. 3 “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 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. 5 1 with a meaningful counteroffer, which includes a brief explanation of why such a settlement is 2 appropriate. 3 If settlement is not achieved, each party SHALL attach copies of their settlement offers to their 4 confidential settlement conference statement, as described below. Copies of these documents shall not 5 be filed on the court docket. CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT 6 At least five court days before the settlement conference, the parties shall submit, directly to 7 8 Judge Thurston's chambers by e-mail to, a confidential settlement 9 conference statement. The statement should not be filed with the Clerk of the Court nor served on 10 any other party, although the parties may file a Notice of Lodging of settlement conference statement. 11 Each statement shall be clearly marked "confidential" with the date and time of the settlement 12 conference indicated prominently thereon. 13 The confidential settlement conference statement shall include the following: 14 A. A brief statement of the facts of the case. 15 B. A brief statement of the claims and defenses, i.e., statutory or other grounds upon which 16 the claims are founded; a forthright evaluation of the parties' likelihood of prevailing on 17 the claims and defenses; and a description of the major issues in dispute. 18 C. A summary of the proceedings to date. 19 D. An estimate of the cost and time to be expended for further discovery, pretrial and trial. 20 E. The relief sought. 21 F. The party's position on settlement, including present demands and offers and a history of past settlement discussions, offers and demands. 22 23 X. Request for Bifurcation, Appointment of Special Master, or other 24 Techniques to Shorten Trial 25 Not applicable at this time. 26 XI. There are no pending related matters. 27 28 Related Matters Pending /// 6 1 2 XII. Compliance with Federal Procedure All counsel are expected to familiarize themselves with the Federal Rules of Civil Procedure 3 and the Local Rules of Practice of the Eastern District of California, and to keep abreast of any 4 amendments thereto. The Court must insist upon compliance with these Rules if it is to efficiently 5 handle its increasing case load and sanctions will be imposed for failure to follow the Rules as provided 6 in both the Federal Rules of Civil Procedure and the Local Rules of Practice for the Eastern District of 7 California. 8 XIII. Effect of this Order 9 The foregoing order represents the best estimate of the court and counsel as to the agenda most 10 suitable to dispose of this case. The trial date reserved is specifically reserved for this case. If the 11 parties determine at any time that the schedule outlined in this order cannot be met, counsel are ordered 12 to notify the court immediately of that fact so that adjustments may be made, either by stipulation or by 13 subsequent status conference. 14 The dates set in this Order are considered to be firm and will not be modified absent a 15 showing of good cause even if the request to modify is made by stipulation. Stipulations 16 extending the deadlines contained herein will not be considered unless they are accompanied by 17 affidavits or declarations, and where appropriate attached exhibits, which establish good cause 18 for granting the relief requested. 19 Failure to comply with this order may result in the imposition of sanctions. 20 21 22 23 IT IS SO ORDERED. Dated: October 18, 2016 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 7

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