Gomez v. City of Farmersville, et al.
Filing
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SCHEDULING ORDER: Discovery Deadlines: Initial Disclosures: January 3, 2017; Non Expert Discovery: October 10, 2017; Expert Disclosures: October 16, 2017; Rebuttal Expert Disclosures: November 6, 2017; Expert Discovery: December 22, 2017. Mid-Di scovery Status Conference is set for August 15, 2017, at 10:15 a.m. in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Mid-Discovery Status Report shall be filed no later than August 8, 2017. Non-Dispositive Motions shall be filed by January 3, 2018. Dispositive Motions shall be filed by February 5, 2018. Settlement Conference is set for December 5, 2017, at 10:00 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Pretrial Conference set for May 16, 2018, a t 10:00 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. Jury Trial (7-10 days) set for July 10, 2018, at 08:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. Order signed by Magistrate Judge Sheila K. Oberto on 12/21/2016. (Thorp, J)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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BERNARDINA GOMEZ,
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Plaintiff,
v.
CITY OF FARMERSVILLE, et al.,
Defendants.
Case No. 1:16-cv-01252-AWI-SKO
SCHEDULING ORDER (Fed. R. Civ. P. 16)
Discovery Deadlines:
Initial Disclosures: January 3, 2017
Non Expert Discovery: October 10, 2017
Expert Disclosures: October 16, 2017
Rebuttal Expert Disclosures: November 6, 2017
Expert Discovery: December 22, 2017
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Mid-Discovery Status Conference Deadlines:
Status Report: August 8, 2017
Status Conference: August 15, 2017
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Non-Dispositive Motion Deadlines:
Filing: January 3, 2018
Hearing: January 31, 2018
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Dispositive Motion Deadlines:
Filing: February 5, 2018
Hearing: March 19, 2018
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Settlement Conference:
December 5, 2017, at 10:00 a.m.
Courtroom 7
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Pre-Trial Conference:
May 16, 2018, at 10:00 a.m.
Courtroom 2
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Trial: July 10, 2018, at 8:30 a.m.
Courtroom 2
7-10 Trial Days
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I.
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The Scheduling Conference was held on December 20, 2016.
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II.
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Daniel Kopfman, Esq., appeared on behalf of Plaintiff Bernardina Gomez.
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Craig Smith, Esq., appeared on behalf of Defendants City of Farmersville and
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Date of Scheduling Conference
Appearances of Counsel
Farmersville Police Department.
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III.
Consent to Magistrate Judge
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The United States District Judges of the Eastern District of California currently have the
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heaviest caseload in the nation. Therefore, pursuant to 28 U.S.C. § 636(c), the parties who have
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not consented to conduct all further proceedings in this case, including trial, before United States
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Magistrate Judge Sheila K. Oberto, are encouraged to consent to magistrate judge jurisdiction in
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an effort to have their case adjudicated in a timely and cost effective manner. Presently, when a
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civil trial is set before Judge Ishii, any criminal trial set which conflicts with the civil trial will
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take priority, even if the civil trial was set first.
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circumstances will no longer be entertained, absent a specific and stated finding of good cause,
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but the civil trial will instead trail from day to day or week to week until the completion of either
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the criminal case or the older civil case. The parties are advised that they are free to withhold
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consent or decline magistrate jurisdiction without adverse substantive consequences.
Continuances of civil trials under these
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IV.
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The parties are ordered to exchange the initial disclosures required by Fed. R. Civ. P.
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Initial Disclosure under Fed. R. Civ. P. 26(a)(1)
26(a)(1) on or before January 3, 2017.
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V.
Amendments to Pleadings
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Any motions or stipulations requesting leave to amend the pleadings must be filed by no
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later than April 12, 2017.
The parties are advised that filing motions and/or stipulations
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requesting leave to amend the pleadings by April 12, 2017 does not reflect on the propriety of the
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amendment or imply good cause to modify the existing schedule, if necessary. All proposed
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amendments must (A) be supported by good cause pursuant to Fed. R. Civ. P. 16(b) if the
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amendment requires any modification to the existing schedule, see Johnson v. Mammoth
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Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992), and (B) establish, under Fed. R. Civ. P.
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15(a), that such an amendment is not (1) prejudicial to the opposing party, (2) the product of
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undue delay, (3) proposed in bad faith, or (4) futile, see Foman v. Davis, 371 U.S. 178, 182
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(1962).
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VI.
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The parties are ordered to complete all non-expert discovery on or before October 10,
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Discovery Plan and Cut-Off Dates
2017, and all expert discovery on or before December 22, 2017.
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The parties are directed to disclose all expert witnesses, in writing, on or before October
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16, 2017, and to disclose all rebuttal experts on or before November 6, 2017. The written
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designation of retained and non-retained experts shall be made pursuant to Fed. R. Civ. P. Rule
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26(a)(2), (A), (B) and (C) and shall include all information required thereunder. Failure to
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designate experts in compliance with this order may result in the Court excluding the testimony or
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other evidence offered through such experts that are not properly disclosed in compliance with
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this order.
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The provisions of Fed. R. Civ. P. 26(b)(4) and (5) shall apply to all discovery relating to
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experts and their opinions. Experts must be fully prepared to be examined on all subjects and
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opinions included in the designation. Failure to comply will result in the imposition of sanctions,
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which may include striking the expert designation and preclusion of expert testimony.
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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.
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The parties are cautioned that the discovery/expert cut-off deadlines are the dates by
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which all discovery must be completed. Absent good cause, discovery motions will not be heard
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after the discovery deadlines. Moreover, absent good cause, the Court will only grant relief on a
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discovery motion if the relief requested requires the parties to act before the expiration of the
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relevant discovery deadline. In other words, discovery requests and deposition notices must be
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served sufficiently in advance of the discovery deadlines to permit time for a response, time to
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meet and confer, time to prepare, file and hear a motion to compel and time to obtain relief on a
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motion to compel. Counsel are expected to take these contingencies into account when proposing
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discovery deadlines.
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A mid-discovery status conference is set for August 15, 2017, at 10:15 a.m. in Courtroom
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7 before U.S. Magistrate Judge Sheila K. Oberto. Telephonic appearances are approved; all
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parties appearing telephonically shall coordinate one conference call to the Court at the date and
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time for the conference. By no later than August 8, 2017, the parties shall file a report providing
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an updated status of the case and discovery proceedings. If the parties determine that a status
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conference is unnecessary, they may request that the Court vacate the conference.
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VII.
Pretrial Motion Schedule
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Unless prior leave of the Court is obtained at least 7 days before the filing date, all moving
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and opposition briefs or legal memorandum in civil cases shall not exceed 25 pages. Reply briefs
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filed by the moving parties shall not exceed 10 pages. Before scheduling any motion, the parties
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must comply with all requirements set forth in Local Rule 230 and 251.
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A.
Non-Dispositive Pretrial Motions
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All non-dispositive pretrial motions, including any discovery motions, shall be filed by
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January 3, 2018, and heard on or before January 31, 2018. Non-dispositive motions are heard on
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Wednesdays at 9:30 a.m., before United States Magistrate Judge Sheila K. Oberto in Courtroom
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7.
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In scheduling such motions, the parties shall comply with Local Rule 230. The Magistrate
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Judge may grant Applications for an Order Shortening Time pursuant to Local Rule 144(e).
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However, if counsel does not obtain an Order Shortening Time, the Notice of Motion must
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comply with Local Rule 251.
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Compliance with the discovery deadlines requires motions to compel to be filed and heard
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sufficiently in advance of the discovery deadline so that the Court may grant effective relief
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within the allotted discovery time. A party’s failure to have a discovery dispute heard sufficiently
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in advance of the discovery cutoff may result in denial of the motion as untimely. Counsel may
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appear and argue non-dispositive motions by telephone, providing a request to so appear is made
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to the Magistrate Judge's Courtroom Clerk no later than 3 court days before the noticed hearing
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date. In the event that more than one attorney requests to appear by telephone, it shall be the
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obligation of the moving part(ies) to arrange and originate a conference call to the Court.
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Discovery Disputes: If a motion is brought under Fed. R. Civ. P. 37, the parties must
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prepare and file a Joint Statement re Discovery Disagreement (“Joint Statement”) as required by
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Local Rule 251. The Joint Statement must be filed 7 calendar days before the scheduled hearing
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date.
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delivered to the Clerk’s Office by 10:00 a.m. at least 4 court days before the scheduled hearing
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date. Motions will be removed from the court’s hearing calendar if the Joint Statement is not
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timely filed or if courtesy copies are not timely delivered. To satisfy the meet and confer
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requirement set forth in Local Rule 251(b), the parties must confer by speaking with each other in
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person, over the telephone or via video conferencing before the hearing about the discovery
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dispute. The Court may issue sanctions against the moving party or the opposing party if either
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party fails to meet and confer in good faith.
Courtesy copies of all motion-related documents, declarations, and exhibits must be
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B.
Dispositive Pretrial Motions
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All dispositive pretrial motions shall be filed no later than February 5, 2018, and heard no
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later than March 19, 2018, in Courtroom 2 before the Honorable Anthony W. Ishii, United States
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District Judge. In scheduling such motions, counsel shall comply with Fed. R. Civ. P 56 and
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Local Rules 230 and 260.
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Motions for Summary Judgment or Summary Adjudication: Prior to filing a motion for
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summary judgment or motion for summary adjudication the parties are ORDERED to meet, in
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person or by telephone, and confer to discuss the issues to be raised in the motion.
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The purpose of the meeting shall be to: 1) avoid filing motions for summary judgment
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where a question of fact exists, 2) determine whether the respondent agrees that the motion has
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merit in whole or in part, 3) discuss whether issues can be resolved without the necessity for
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briefing, 4) narrow the issues for review by the court, 5) explore the possibility of settlement
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before the parties incur the expense of briefing a summary judgment motion, and 6) arrive at a
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Joint Statement of Undisputed Facts.
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The moving party shall initiate the meeting and provide a draft of the Joint Statement of
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Undisputed Facts. In addition to complying with the requirements of Local Rule 260 the
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moving party shall file a Joint Statement of Undisputed Facts.
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In the Notice of Motion, the moving party shall certify that the parties have met and
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conferred as ordered above or set forth a statement of good cause for the failure to meet and
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confer.
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VIII. Pretrial Conference Date
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The Pretrial Conference is set for May 16, 2018, at 10:00 a.m. in Courtroom 2 before the
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Honorable Anthony W. Ishii, United States District Judge.
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The parties are ordered to file a Joint Pretrial Statement pursuant to Local Rule
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281(a)(2). The parties are further directed to submit a digital copy of their Pretrial Statement in
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Word format, directly to Judge Ishii's chambers by email at AWIorders@caed.uscourts.gov.
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Counsel’s attention is directed to Rules 281 and 282 of the Local Rules for the Eastern
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District of California, as to the obligations of counsel in preparing for the Pretrial Conference.
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The Court will insist upon strict compliance with those rules. In addition to the matters set forth
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in the Local Rules the Joint Pretrial Statement shall include a Joint Statement of the case to be
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used by the Court to explain the nature of the case to the jury during voir dire.
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IX.
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Trial is set for July 10, 2018, at 8:30 a.m. in Courtroom 2 before the Honorable Anthony
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Trial Date
W. Ishii, United States District Court Judge.
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a.
This is a jury trial.
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b.
Counsel's estimate of trial time: 7-10 days.
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c.
Counsel’s attention is directed to Local Rule 285 for the Eastern District of
California.
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X.
Settlement Conference
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A Settlement Conference is scheduled for December 5, 2017, at 10:00 a.m. in Courtroom
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7 before United States Magistrate Judge Sheila K. Oberto. Unless otherwise permitted in advance
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by the Court, the attorneys who will try the case shall appear at the Settlement Conference with
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the parties and the person or persons having full authority to negotiate and settle the case on any
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terms at the conference. Insurance carriers, business organizations, and governmental bodies or
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agencies whose settlement agreements are subject to approval by legislative bodies, executive
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committees, boards of directors or the like shall be represented by a person or persons who
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occupy high executive positions in the party organization and who will be directly involved in the
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process of approval of any settlement offers or agreements.
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representative shall have the authority, if he or she deems it appropriate, to settle the action on
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terms consistent with the opposing party’s most recent demand. At least 1 week prior to the
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Settlement Conference the parties shall submit a Confidential Settlement Conference Statement
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directly
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skoorders@caed.uscourts.gov. The statement should not be filed with the Clerk of Court nor
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served on any other party, although, the parties may file a Notice of Lodging of Settlement
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Conference Statement. Each statement shall be clearly marked CONFIDENTIAL with the date
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and time of the Settlement Conference indicated prominently thereon.
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Settlement Conference Statement shall include the following:
to
the
chambers
of
Magistrate
Judge
Sheila
To the extent possible the
K.
Oberto
by
e-mail
at
The Confidential
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a.
A brief statement of the facts of the case,
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b.
A brief statement of the claims and defenses, i.e., statutory or other grounds upon
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which the claims are founded, a forthright evaluation of the parties' likelihood of
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prevailing on the claims and defenses, and a description of the major issues in
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dispute,
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c.
A summary of the proceedings to date,
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d.
An estimate of the cost and time to be expended for further discovery, pretrial and
trial,
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e.
The relief sought, and
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f.
The party's position on settlement, including present demands and offers and a
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history of past settlement discussions, offers and demands.
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This Court will vacate the settlement conference if the Court finds the settlement
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conference will be neither productive nor meaningful in attempting to resolve all or part of this
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case. As far in advance of the settlement conference as possible, a party shall inform the Court
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and other parties that it believes the case is not in a settlement posture so the Court may vacate or
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reset the settlement conference.
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conference in good faith to attempt to resolve all or part of this case.
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XI.
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Otherwise the parties shall proceed with the settlement
Requests for Bifurcation, Appointment of Special Master, or Other
Techniques to Shorten Trial
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Not applicable at this time.
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XII.
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There are no pending related matters.
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XIII. Compliance with Federal Procedure
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All counsel appearing are expected to familiarize themselves with the Federal Rules of
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Civil Procedure and the Local Rules of Practice of the Eastern District of California, and to keep
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abreast of any amendments thereto. The Court must insist upon compliance with these Rules if it
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is to efficiently handle its increasing case load and sanctions will be imposed for failure to follow
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the Rules as provided in both the Federal Rules of Civil Procedure and the Local Rules for the
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Eastern District of California.
Related Matters Pending
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Additional requirements and more detailed procedures for courtroom practice before
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United States Magistrate Judge Sheila K. Oberto can be found at the United States District Court
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for the Eastern District of California’s website (www.caed.uscourts.gov) under Judges, United
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States Magistrate Judge Sheila K. Oberto (SKO).1 All parties and counsel shall comply with the
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guidelines set forth therein.
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XIV. Effect of this Order
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This 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
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ordered to notify the Court immediately of that fact so that adjustments may be made, either by
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stipulation or by subsequent status conference.
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//
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In the area entitled “Case Management Procedures,” there is a link to “Court Procedures.”
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Stipulations extending the deadlines contained herein will not be considered unless they
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are accompanied by affidavits or declarations, and where appropriate attached exhibits, which
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establish good cause for granting the relief requested. The parties are advised that due to the
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impacted nature of civil cases on the district judges in the Eastern District of California, Fresno
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Division, that stipulations to continue set dates are disfavored and will not be granted absent good
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cause.
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Should counsel or a party appearing pro se fail to comply with the directions as set
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forth above, an ex parte hearing may be held and contempt sanctions, including monetary
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sanctions, dismissal, default, or other appropriate judgment, may be imposed and/or
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ordered.
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IT IS SO ORDERED.
Dated:
December 21, 2016
/s/
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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