Taylor v. The GEO Group, Inc. et al

Filing 9

SCHEDULING ORDER, signed by Magistrate Judge Jennifer L. Thurston on 1/17/2017. Pleading Amendment Deadline 4/10/2017. Discovery Deadlines: Initial Disclosures 1/31/2017; Non-Expert 11/13/2017; Expert 1/19/2018. Mid-Discovery Status Conference set f or 7/3/2017 at 08:30 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. Non-Dispositive Motion Deadlines: Filed by 2/9/2018; Hearing by 3/9/2018. Dispositive Motion Deadlines: Filed by 2/9/2018; Hearing by 3/9 /2018. Pretrial Conference set for 4/17/2018 at 08:30 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. Jury Trial set for 6/11/2018 at 08:30 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Hall, S)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 CHRISTINE TAYLOR, 11 Plaintiff, v. 12 13 THE GEO GROUP, INC., et al., Defendants. 14 15 ) ) ) ) ) ) ) ) ) ) Case no.: 1:16-cv-01484 - JLT SCHEDULING ORDER (Fed. R. Civ. P. 16) Pleading Amendment Deadline: 4/10/2017 Discovery Deadlines: Initial Disclosures: 1/31/2017 Non-Expert: 11/13/2017 Expert: 1/19/2018 Mid-Discovery Status Conference: 7/3/2017 at 8:30 a.m. 16 17 Non-Dispositive Motion Deadlines: Filing: 2/9/2018 Hearing: 3/9/2018 18 19 Dispositive Motion Deadlines: Filing: 2/9/2018 Hearing: 3/9/2018 20 21 22 Pre-Trial Conference: 4/17/2018 at 8:30 a.m. 510 19th Street, Bakersfield, CA 23 24 Trial: 25 26 27 28 I. Date of Scheduling Conference January 12, 2017. 1 6/11/2018 at 8:30 a.m. 510 19th Street, Bakersfield, CA Jury trial: 6-8 days 1 II. Appearances of Counsel 2 Allyson Thompson appeared on behalf of Plaintiff. 3 Natalie Jansen appeared on behalf of Defendants. 4 III. Magistrate Judge Consent The parties indicated their willingness to consent to the jurisdiction of the Magistrate Judge on 5 6 the record during the Scheduling Conference. 7 IV. Any requested pleading amendments are ordered to be filed, either through a stipulation or 8 9 10 11 12 13 14 15 Pleading Amendment Deadline motion to amend, no later than April 10, 2017. V. 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 January 31, 2017. The parties are ordered to complete all discovery pertaining to non-experts on or before November 13, 2017 and all discovery pertaining to experts on or before January 19, 2018. The parties are directed to disclose all expert witnesses1, in writing, on or before November 30, 16 2017, and to disclose all rebuttal experts on or before December 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 1 28 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 1 A mid-discovery status conference is scheduled for July 3, 2017 at 8:30 a.m. before the 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 JLTorders@caed.uscourts.gov. 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. 8 VI. Pre-Trial Motion Schedule All non-dispositive pre-trial motions, including any discovery motions, shall be filed no later 9 10 than February 9, 2018, and heard on or before March 9, 2018. Non-dispositive motions are heard 11 before the Honorable Jennifer L. Thurston, United States Magistrate Judge at the United States 12 Courthouse in Bakersfield, California. No motion to amend or stipulation to amend the case schedule will be entertained unless it 13 14 is filed at least one week before the first deadline the parties wish to extend. Likewise, no written 15 discovery motions shall be filed without the prior approval of the assigned Magistrate Judge. A party 16 with a discovery dispute must first confer with the opposing party in a good faith effort to resolve by 17 agreement the issues in dispute. If that good faith effort is unsuccessful, the moving party promptly 18 shall seek a telephonic hearing with all involved parties and the Magistrate Judge. It shall be the 19 obligation of the moving party to arrange and originate the conference call to the court. To schedule 20 this telephonic hearing, the parties are ordered to contact the Courtroom Deputy Clerk, Susan Hall, at 21 (661) 326-6620 or via email at SHall@caed.uscourts.gov. Counsel must comply with Local Rule 251 22 with respect to discovery disputes or the motion will be denied without prejudice and dropped 23 from the Court’s calendar. All dispositive pre-trial motions shall be filed no later than February 9, 2018, and heard no 24 25 later than March 9, 2018, before the Honorable Jennifer L. Thurston, United States Magistrate Judge, 26 at the United States District Courthouse in Bakersfield, California. In scheduling such motions, 27 counsel shall comply with Fed. R. Civ. P. 56 and Local Rules 230 and 260. 28 /// 3 1 VII. Motions for Summary Judgment or Summary Adjudication 2 At least 21 days before filing a motion for summary judgment or motion for summary 3 adjudication, the parties are ORDERED to meet, in person or by telephone, to confer about the issues 4 to be raised in the motion. 5 The purpose of the meeting shall be to: 1) avoid filing motions for summary judgment where a 6 question of fact exists; 2) determine whether the respondent agrees that the motion has merit in whole 7 or in part; 3) discuss whether issues can be resolved without the necessity of briefing; 4) narrow the 8 issues for review by the court; 5) explore the possibility of settlement before the parties incur the 9 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 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 VIII. Pre-Trial Conference Date 19 April 17, 2018 at 8:30 a.m. at the United States District Courthouse in Bakersfield, California. 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 Thurston's chambers, by email at JLTorders@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 /// 4 1 IX. June 11, 2018 at 8:30 a.m, located at the United States District Courthouse in Bakersfield, 2 3 Trial Date California, before the Honorable Jennifer L. Thurston, United States Magistrate Judge. 4 A. This is a jury trial. 5 B. Counsels' Estimate of Trial Time: 6-8 days. 6 C. Counsels' attention is directed to Local Rules of Practice for the Eastern District of 7 California, Rule 285. 8 X. Settlement Conference If the parties believe the matter is in a settlement posture and a settlement conference would be 9 10 fruitful, they may file a joint written request for a conference with the Court. 11 XI. Request for Bifurcation, Appointment of Special Master, or other 12 Techniques to Shorten Trial 13 Not applicable at this time. 14 15 16 17 XII. Related Matters Pending There are no pending related matters. XIII. Compliance with Federal Procedure All counsel are expected to familiarize themselves with the Federal Rules of Civil Procedure 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 XIV. Effect of this Order 24 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. 5 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: January 17, 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 6

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