Wright et al v. Tehachapi Unified School District

Filing 20

SCHEDULING ORDER, signed by Magistrate Judge Jennifer L. Thurston on 3/23/2017. Consent/Decline Deadline 4/3/2017. Pleading Amendment Deadline 5/1/2017. Adminstrative Record Deadlines: Filing by 3/31/2017; Objections by 4/14/2017. Merits Briefing: Opening Brief by 4/28/2017; Response by 5/26/2017; Reply by 6/16/2017. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BUDDY WRIGHT,
Plaintiff,

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v.

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TEHACHAPI UNIFIED SCHOOL
DISTRICT, et al.,

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Defendants.

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1: 16-CV-01214 LJO JLT
SCHEDULING ORDER (Fed. R. Civ. P. 16)
Pleading Amendment Deadline: 5/1/2017
Administrative Record Deadlines:
Filing: 3/31/2017
Objections to record: 4/14/2017
Merits Briefing:
Opening Brief: 4/28/2017
Defendant’s response: 5/26/2017
Reply brief: 6/16/2017

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I.

March 22, 2017.

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Date of Scheduling Conference

II.

Appearances of Counsel

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Andrea Marcus appeared on behalf of Plaintiffs.

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Kyle Holmes appeared on behalf of Defendant.

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III.

Magistrate Judge Consent:

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Notice of Congested Docket and Court Policy of Trailing

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Due to the District Judges’ heavy caseload, the newly adopted policy of the Fresno Division of

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the Eastern District is to trail all civil cases. The parties are hereby notified that for a trial date set
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before a District Judge, the parties will trail indefinitely behind any higher priority criminal or older

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civil case set on the same date until a courtroom becomes available. The trial date will not be reset to a

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continued date.
The Magistrate Judges’ availability is far more realistic and accommodating to parties than that

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of the U.S. District Judges who carry the heaviest caseloads in the nation and who must prioritize

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criminal and older civil cases over more recently filed civil cases. A United States Magistrate Judge

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may conduct trials, including entry of final judgment, pursuant to 28 U.S.C. § 636(c), Federal Rule of

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Civil Procedure 73, and Local Rule 305. Any appeal from a judgment entered by a United States

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Magistrate Judge is taken directly to the United States Court of Appeal for the Ninth Circuit.
The Fresno Division of the Eastern District of California, whenever possible, is utilizing United

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States Article III District Court Judges from throughout the nation as Visiting Judges. Pursuant to the

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Local Rules, Appendix A, such reassignments will be random, and the parties will receive no advance

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notice before their case is reassigned to an Article III District Court Judge from outside of the Eastern

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District of California.
Therefore, the parties are directed to consider consenting to Magistrate Judge jurisdiction to

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conduct all further proceedings, including trial. Within 10 days of the date of this order, counsel

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SHALL file a consent/decline form (provided by the Court at the inception of this case) indicating

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whether they will consent to the jurisdiction of the Magistrate Judge.

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IV.

Pleading Amendment Deadline
Any requested pleading amendments are ordered to be filed, either through a stipulation or

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motion to amend, no later than May 1, 2017.

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V.

Administrative Record

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Plaintiff SHALL lodge a searchable electronic copy of the administrative record no later than

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March 31, 2017. Plaintiff SHALL also provide a courtesy paper to the chambers of Judge O’Neill at

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the time of the filing of the opening brief. Objections to the record SHALL be filed no later than April

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14, 2017.

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If there is a dispute over the contents of the administrative record, the objecting party SHALL

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confer with the opposing party in a good faith effort to resolve the issues in dispute. If that good faith
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effort is unsuccessful, the objecting party SHALL promptly seek a telephonic hearing with all involved

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parties and the Magistrate Judge. It is the obligation of the objecting party to arrange and originate the

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conference call to the Court. To schedule this telephonic hearing, the parties are ordered to contact

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Courtroom Deputy Clerk, Susan Hall at [phone] or via email at [e-mail].

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VI.

Merits briefing

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Plaintiff’s brief related to fees SHALL be filed no later than April 28, 2017, and Defendant’s

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opposing brief SHALL be filed no later than May 26, 2017. Plaintiff’s reply, if any, SHALL be filed

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no later than June 16, 2017.

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VII.

The hearing SHALL be set before the Honorable Lawrence J. O'Neill, United States District

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Hearing

Court Judge, in Courtroom 4.

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A.

This is a Court trial.

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B.

Counsels’ Estimate of Trial Time: 1 day.

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C.

Counsels’ attention is directed to Local Rules of Practice for the Eastern District of

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California, Rule 285.

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VIII. Compliance with Federal Procedure
All counsel are expected to familiarize themselves with the Federal Rules of Civil Procedure

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and the Local Rules of Practice of the Eastern District of California, and to keep abreast of any

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amendments thereto. The Court must insist upon compliance with these Rules if it is to efficiently

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handle its increasing case load and sanctions will be imposed for failure to follow the Rules as provided

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in both the Federal Rules of Civil Procedure and the Local Rules of Practice for the Eastern District of

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California.

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IX.

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Effect of this Order
The foregoing order represents the best estimate of the court and counsel as to the agenda most

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suitable to dispose of this case. The trial date reserved is specifically reserved for this case. If the

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parties determine at any time that the schedule outlined in this order cannot be met, counsel are ordered

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to notify the court immediately of that fact so that adjustments may be made, either by stipulation or by

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subsequent status conference.
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The dates set in this Order are considered to be firm and will not be modified absent a

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showing of good cause even if the request to modify is made by stipulation. Stipulations

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extending the deadlines contained herein will not be considered unless they are accompanied by

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affidavits or declarations, and where appropriate attached exhibits, which establish good cause

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for granting the relief requested.

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Failure to comply with this order may result in the imposition of sanctions.

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IT IS SO ORDERED.
Dated:

March 23, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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