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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 BUDDY WRIGHT, Plaintiff, 11 v. 12 13 TEHACHAPI UNIFIED SCHOOL DISTRICT, et al., 14 Defendants. 15 16 ) ) ) ) ) ) ) ) ) ) ) 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 17 18 19 20 I. March 22, 2017. 21 22 Date of Scheduling Conference II. Appearances of Counsel 23 Andrea Marcus appeared on behalf of Plaintiffs. 24 Kyle Holmes appeared on behalf of Defendant. 25 III. Magistrate Judge Consent: 26 Notice of Congested Docket and Court Policy of Trailing 27 Due to the District Judges’ heavy caseload, the newly adopted policy of the Fresno Division of 28 the Eastern District is to trail all civil cases. The parties are hereby notified that for a trial date set 1 1 before a District Judge, the parties will trail indefinitely behind any higher priority criminal or older 2 civil case set on the same date until a courtroom becomes available. The trial date will not be reset to a 3 continued date. The Magistrate Judges’ availability is far more realistic and accommodating to parties than that 4 5 of the U.S. District Judges who carry the heaviest caseloads in the nation and who must prioritize 6 criminal and older civil cases over more recently filed civil cases. A United States Magistrate Judge 7 may conduct trials, including entry of final judgment, pursuant to 28 U.S.C. § 636(c), Federal Rule of 8 Civil Procedure 73, and Local Rule 305. Any appeal from a judgment entered by a United States 9 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 10 11 States Article III District Court Judges from throughout the nation as Visiting Judges. Pursuant to the 12 Local Rules, Appendix A, such reassignments will be random, and the parties will receive no advance 13 notice before their case is reassigned to an Article III District Court Judge from outside of the Eastern 14 District of California. Therefore, the parties are directed to consider consenting to Magistrate Judge jurisdiction to 15 16 conduct all further proceedings, including trial. Within 10 days of the date of this order, counsel 17 SHALL file a consent/decline form (provided by the Court at the inception of this case) indicating 18 whether they will consent to the jurisdiction of the Magistrate Judge. 19 IV. Pleading Amendment Deadline Any requested pleading amendments are ordered to be filed, either through a stipulation or 20 21 motion to amend, no later than May 1, 2017. 22 V. Administrative Record 23 Plaintiff SHALL lodge a searchable electronic copy of the administrative record no later than 24 March 31, 2017. Plaintiff SHALL also provide a courtesy paper to the chambers of Judge O’Neill at 25 the time of the filing of the opening brief. Objections to the record SHALL be filed no later than April 26 14, 2017. 27 If there is a dispute over the contents of the administrative record, the objecting party SHALL 28 confer with the opposing party in a good faith effort to resolve the issues in dispute. If that good faith 2 1 effort is unsuccessful, the objecting party SHALL promptly seek a telephonic hearing with all involved 2 parties and the Magistrate Judge. It is the obligation of the objecting party to arrange and originate the 3 conference call to the Court. To schedule this telephonic hearing, the parties are ordered to contact 4 Courtroom Deputy Clerk, Susan Hall at (661) 326-6620 or via email at SHall@caed.uscourts.gov. 5 VI. Merits briefing 6 Plaintiff’s brief related to fees SHALL be filed no later than April 28, 2017, and Defendant’s 7 opposing brief SHALL be filed no later than May 26, 2017. Plaintiff’s reply, if any, SHALL be filed 8 no later than June 16, 2017. 9 VII. The hearing SHALL be set before the Honorable Lawrence J. O'Neill, United States District 10 11 Hearing Court Judge, in Courtroom 4. 12 A. This is a Court trial. 13 B. Counsels’ Estimate of Trial Time: 1 day. 14 C. Counsels’ attention is directed to Local Rules of Practice for the Eastern District of 15 California, Rule 285. 16 VIII. Compliance with Federal Procedure All counsel are expected to familiarize themselves with the Federal Rules of Civil Procedure 17 18 and the Local Rules of Practice of the Eastern District of California, and to keep abreast of any 19 amendments thereto. The Court must insist upon compliance with these Rules if it is to efficiently 20 handle its increasing case load and sanctions will be imposed for failure to follow the Rules as provided 21 in both the Federal Rules of Civil Procedure and the Local Rules of Practice for the Eastern District of 22 California. 23 IX. 24 Effect of this Order The foregoing order represents the best estimate of the court and counsel as to the agenda most 25 suitable to dispose of this case. The trial date reserved is specifically reserved for this case. If the 26 parties determine at any time that the schedule outlined in this order cannot be met, counsel are ordered 27 to notify the court immediately of that fact so that adjustments may be made, either by stipulation or by 28 subsequent status conference. 3 1 The dates set in this Order are considered to be firm and will not be modified absent a 2 showing of good cause even if the request to modify is made by stipulation. Stipulations 3 extending the deadlines contained herein will not be considered unless they are accompanied by 4 affidavits or declarations, and where appropriate attached exhibits, which establish good cause 5 for granting the relief requested. 6 Failure to comply with this order may result in the imposition of sanctions. 7 8 9 10 IT IS SO ORDERED. Dated: March 23, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4

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