Wolfe v. Tehachapi Unified School District

Filing 35

SCHEDULING ORDER, signed by Magistrate Judge Jennifer L. Thurston on 3/23/2017. Consent/Decline Deadline 4/3/2017. Pleading Amendment Deadline 6/30/2017. Administrative Record Deadline: Filing by 4/27/2017; Objections by 5/15/2017. Merits Briefing: Opening Brief by 6/16/2017; Response by 7/14/2017; Reply by 8/4/2017; Hearing by 9/5/2017. Further Scheduling Conference set for 9/18/2017 at 09:15 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Hall, S)

Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 J.T., by and through his guardian ad litem JANICE WOLFE, 11 Plaintiff, 12 v. 13 14 TEHACHAPI UNIFIED SCHOOL DISTRICT, 15 Defendant. 16 ) ) ) ) ) ) ) ) ) ) ) ) ) ) 1: 16-CV-01492 - DAD - JLT SCHEDULING ORDER (Fed. R. Civ. P. 16) Pleading Amendment Deadline: 6/30/2017 Administrative Record Deadline Filing: 4/27/2017 Objections to the record: 5/15/2017 Merits Briefing: Opening Brief: 6/16/2017 Defendant’s response: 7/14/2017 Reply brief: 8/4/2017 Hearing deadline: 9/5/2017 17 Further Scheduling Conference: 9/18/2017 at 9:15 a.m. 18 19 20 21 I. March 23, 2017. 22 23 Date of Scheduling Conference II. Appearances of Counsel 24 Andrea Marcus appeared on behalf of Plaintiff. 25 Anthony DeMaria appeared on behalf of Defendant. 26 III. Magistrate Judge Consent: 27 Notice of Congested Docket and Court Policy of Trailing 28 Due to the District Judges’ heavy caseload, the newly adopted policy of the Fresno Division of 1 1 the Eastern District is to trail all civil cases. The parties are hereby notified that for a trial date set 2 before a District Judge, the parties will trail indefinitely behind any higher priority criminal or older 3 civil case set on the same date until a courtroom becomes available. A trial date will not be reset to a 4 continued date. The Magistrate Judges’ availability is far more realistic and accommodating to parties than that 5 6 of the U.S. District Judges who carry the heaviest caseloads in the nation and who must prioritize 7 criminal and older civil cases over more recently filed civil cases. A United States Magistrate Judge 8 may conduct trials, including entry of final judgment, pursuant to 28 U.S.C. § 636(c), Federal Rule of 9 Civil Procedure 73, and Local Rule 305. Any appeal from a judgment entered by a United States 10 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 11 12 States Article III District Court Judges from throughout the nation as Visiting Judges. Pursuant to the 13 Local Rules, Appendix A, such reassignments will be random, and the parties will receive no advance 14 notice before their case is reassigned to an Article III District Court Judge from outside of the Eastern 15 District of California. Therefore, the parties are directed to consider consenting to Magistrate Judge jurisdiction to 16 17 conduct all further proceedings, including trial. Within 10 days of the date of this order, counsel 18 SHALL file a consent/decline form (provided by the Court at the inception of this case) indicating 19 whether they will consent to the jurisdiction of the Magistrate Judge. 20 IV. Pleading Amendment Deadline Any requested pleading amendments are ordered to be filed, either through a stipulation or 21 22 motion to amend, no later than June 30, 2017. Any motion to amend the pleadings shall be heard by 23 the Honorable Dale A. Drozd, United States District Court Judge. 24 V. Administrative Record 25 Plaintiff SHALL lodge a searchable electronic copy of the administrative record no later than 26 April 27, 2017. Plaintiff SHALL also provide a courtesy paper copy to Judge O’Neill’s chambers at 27 the time of the filing of the opening brief. Any objections to the record SHALL be filed no later than 28 May 15, 2017. 2 1 If there is a dispute over the contents of the administrative record, the objecting party SHALL 2 confer with the opposing party in a good faith effort to resolve the issues in dispute. If that good faith 3 effort is unsuccessful, the objecting party SHALL promptly seek a telephonic hearing with all involved 4 parties and the Magistrate Judge. It is the obligation of the objecting party to arrange and originate the 5 conference call to the Court. To schedule this telephonic hearing, the parties are ordered to contact 6 Courtroom Deputy Clerk, Susan Hall at (661) 326-6620 or via email at SHall@caed.uscourts.gov. 7 VI. Plaintiff’s opening brief SHALL be filed no later than June 16, 2017, and Defendant’s 8 9 10 Merits Briefing and Hearing opposition brief SHALL be filed no later than July 14, 20171. Plaintiff’s reply, if any, SHALL be filed no later than August 4, 2017. The hearing SHALL be set before the Honorable Dale A. Drozd, United States District Court 11 12 Judge, in Courtroom 5, no later than September 5, 2017. 13 VII. Further Scheduling Conference A further scheduling conference is set on September 18, 2017 at 9:15 a.m. The parties SHALL 14 15 file a joint status report seven days prior to the hearing. 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 both the Federal 21 Rules of Civil Procedure and the Local Rules of Practice for the Eastern District of California. 22 IX. Effect of this Order The foregoing order represents the best estimate of the court and counsel as to the agenda most 23 24 suitable to dispose of this case. The trial date reserved is specifically reserved for this case. If the 25 parties determine at any time that the schedule outlined in this order cannot be met, counsel are ordered 26 27 28 1 The Court was informed of the busy trial schedule on counsel for the defendant. If the trial, discussed at the scheduling conference, proceeds on June 12, 2017, and counsel will be unable to proper the opposing brief, counsel may stipulate to amend the briefing schedule. 3 1 to notify the court immediately of that fact so that adjustments may be made, either by stipulation or by 2 subsequent status conference. 3 The dates set in this Order are considered to be firm and will not be modified absent a 4 showing of good cause even if the request to modify is made by stipulation. Stipulations 5 extending the deadlines contained herein will not be considered unless they are accompanied by 6 affidavits or declarations, and where appropriate attached exhibits, which establish good cause 7 for granting the relief requested. 8 Failure to comply with this order may result in the imposition of sanctions. 9 10 11 12 IT IS SO ORDERED. Dated: March 23, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?