Williams v. Baker et al

Filing 91

CASE MANAGEMENT and SCHEDULING ORDER signed by Magistrate Judge Helena M. Barch-Kuchta on 04/05/2021.(Flores, E)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SHANNON WILLIAMS,

CASE NO: 1:16-CV-01540-DAD-HBK

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Plaintiff,
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v.

CASE MANAGEMENT AND
SCHEDULING ORDER

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OFFICER BAKER,
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Defendant;
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The court telephonically conducted a case management and scheduling conference on
April 1, 2021. Professor Carter White and two law students from King Hall Civil Rights Clinic at
University of California, Davis Law, appeared on behalf of plaintiff. Attorney Benjamin Hall
appeared on behalf of defendant. Following a review of the parties’ Joint Report and the
scheduling conference and after discussion with the parties, the court enters this Case
Management and Scheduling Order for this action under Fed. R. Civ. P. 16(b) as follows:
1. Deadlines and Dates
Action or Event

Date

Deadline for providing mandatory initial disclosures. See Fed. R. Civ. P.
26(a)(1).

4/15/2021

Deadline for moving to join a party, see Fed. R. Civ. P. 14, 19, and 20, or
amend the pleadings, see Fed. R. Civ. P. 15(a).

5/3/2021

Plaintiff’s deadline for disclosing any expert report. See Fed. R. Civ. P.
26(a)(2).

11/3/2021

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Defendant’s deadline for disclosing any expert report.

11/3/2021

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Deadline for disclosing any rebuttal expert report.

12/3/2021

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Expert discovery deadline

1/17/2022

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Mid-Discovery Status Conference
Before Magistrate Judge Barch-Kuchta

9/30/2021
Report due9/15/21

Deadline for completing discovery and filing any motion to compel
discovery. See Fed. R. Civ. P. 37.

10/13/2021

Deadline for filing any dispositive and Daubert motion. See Fed. R. Civ.
P. 56. (Must be at least five months before requested trial date.)

3/3/2022

The parties will contact Chambers to schedule settlement conference or
participate in mediation. See Local Rules 270, 271.

TBD

Deadline for filing the final joint pretrial statement, any motion in limine,
proposed jury instructions, and verdict form. See Local Rule 281. (Judge
Drozd requires joint pretrial statements to be filed no later than seven
days before final pretrial conference.)

8/5/2022

Date of the final pretrial conference. See Fed. R. Civ. P. 16(e); See Local
Rule 280, 281, 282, 283. Before Judge Drozd at 1:30 p.m.

8/15/2022

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Month and year of the trial term.

TBD

2. Trial
The trial will last approximately 3-5 days and be:

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☐ jury.

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☒ non-jury.

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3. Current Status of Consent to the Magistrate Judge Jurisdiction
Under 28 U.S.C. § 636(c), the parties have not consented to conduct all further
proceedings in this case, including trial, before a U.S. Magistrate Judge.
4. Mid-discovery Status Conference
The court will hold a Mid-Discovery Status Conferences to address any discovery
concerns that may arise during discovery without the need to file a formal motion. The parties
will file a Joint Mid-Discovery Status Report, up to five (5) pages in length, no later than
September 15, 2020. Alternatively, the parties may file a joint motion to cancel the scheduled
September 30, 2021 Mid-Discovery Conference in compliance with Magistrate Judge Barch-

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Kuchta’s procedures.
The Joint Report shall outline the status of the case, any additional discovery still planned,
potential for settlement, and any other issues pending that would benefit from the Court’s
assistance/direction. The parties shall file the Joint Report one week before the informal
conference, and email a copy, in Word format, to [e-mail]. Parties are
appearing telephonically shall dial conference line at 1-888-204-5984 and entering Access Code
4446176.
5. Pretrial Motion Schedule
a. General Information Regarding Filing Motions
The parties are advised that unless prior leave of the Court is obtained, all moving and
opposition briefs or legal memorandum in civil cases before Judge Barch-Kuchta shall not exceed
twenty-five (25) pages. Reply briefs by the moving party shall not exceed ten (10) pages. These
page limitations do not include exhibits. Briefs that exceed this page limitation, or are sought to
be filed without leave, may not be considered by the court.
Counsel, or pro se parties, may appear telephonically and argue non-dispositive motions
before Magistrate Judge Barch-Kuchta by dialing the court’s teleconference line at 1-888-2045984 and entering Access Code 4446176, provided they indicate their intent to appear
telephonically on their pleadings at least one week before the hearing.
b.

Informal Discovery Conference prior to filing any motions to compel

In order to file a discovery motion under Fed. R. Civ. P. 37, a party must receive
permission from the court following an informal discovery conference. An informal discovery
conference is separate and apart from the Mid-Discovery Conference set forth above.
Please refer to the court’s website, Magistrate Judge Barch-Kuchta’s Practices and
Procedures Civil Cases, included under the civil cases tab. A party wishing to schedule such an
informal discovery conference should contact chambers to receive available dates. The court will
schedule the conference as soon as possible, taking into consideration the urgency of the issue.
Before contacting the court, the parties must meet and confer by speaking with each other in a

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person, over the telephone, or via video in attempt to resolve the dispute.
At least two (2) days prior to the conference, the parties shall simultaneously submit
letters, outlining their respective positions regarding the dispute. The court will provide the date
the letters are due at the time the conference is scheduled. Such letters shall be no longer than
three (3) pages in length and may include up to five (5) pages of exhibits. Letters shall be
emailed to Magistrate Judge Barch-Kuchta’s chambers a [e-mail], and not
filed with the Court.
c.

Pretrial motions’ deadline and motions to compel following an informal
discovery conference

All pre-trial motions, both dispositive and non-dispositive, shall be served and filed on or
before May 20, 2022. Magistrate Judge Barch-Kuchta will telephonically hear non-dispositive
civil motions on the first and third Thursdays of the month at 10:00 a.m. Before scheduling such
motions, the parties shall comply with Local Rule 230 or Local Rule 251.
Following the informal discovery conference set forth above, the parties are additionally
required to conduct at least one telephonic or by video as part of their obligations to meet and
confer in good faith to resolve their discovery dispute prior to seeking judicial intervention.
If a party files a motion to compel under Fed. R. Civ. P. 37, the parties must prepare and
file a Joint Statement re Discovery Disagreement (“Joint Statement”) in compliance with Local
Rule 251. Failure to comply with Local Rule 251 will result in the court denying the motion
without prejudice and dropping the motion from calendar. In addition to filing a Joint Statement
electronically, a copy of the Joint Statement, in Word format, shall also be sent to Magistrate
Judge Barch-Kuchta’s chambers by email to [e-mail].
d. Motions for Summary Judgment or Summary Adjudication
Prior to filing a motion for summary judgment, or motion for summary adjudication, the
parties are required to meet, in person or by telephone, and confer to discuss the issues to be
raised in the motion.
The purpose of meeting shall be to: 1) avoid filing motions for summary judgment where

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a question of fact exists; 2) determine whether the respondent agrees that the motion has merit in
whole or in part; 3) discuss whether issues can be resolved without the necessity of briefing; 4)
narrow the issues for review by the court; 5) explore the possibility of settlement before the
parties incur the expense of briefing a summary judgment motion; and 6) to arrive at a 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
undisputed facts. In addition to the requirements of Local Rule 260, the 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
conferred as ordered above and set forth a statement of good cause for the failure to meet and
confer.
6. Mandatory Settlement Conference (Local Rule 270)
The parties agree that a settlement conference may be beneficial after discovery. The
parties will submit a joint settlement statement within one week of the close of discovery, and 90
days before trial, indicating whether they consent to a settlement conference at that time. If so, a
settlement conference will be set by separate order. The parties are advised that unless otherwise
permitted in advance by the court, the attorneys who will try the case shall appear at the
settlement conference with the parties, as well as with the person or persons having full authority
to negotiate and settle the case, on any terms, at the conference. The parties may contact
Magistrate Judge Barch-Kuchta’s chambers any time prior to this date if they wish to schedule
a settlement conference earlier.
7. Pretrial Conference and Trial
District Judge Drozd is currently reserving dates for Pre-trial Conferences, but not for
Trials. In this case, based on the parties’ Joint Report and District Judge Drozd’s calendar, Judge
Drozd has reserved a Pretrial Conference date of August 15, 2022. Trial date is to be determined.

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8. Effect of This Order

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This order represents the best estimate of the court and counsel as to the agenda most
suitable to dispose of this case. If the parties determine at any time that the schedule outlined in
this order cannot be met, counsel are ordered to notify the court immediately of that fact so that
adjustments may be made, either by stipulation or by subsequent status conference.

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The dates set in this order are firm and will not be modified absent a showing of good
cause even if the request to modify is made by stipulation. Stipulations extending the deadlines
contained herein will not be considered unless they are accompanied by affidavits or declarations,
and where appropriate, attached exhibits, which establish good cause for granting the relief
requested. The failure to comply with this order may result in the imposition of sanctions.

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IT IS SO ORDERED.

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Dated:

April 5, 2021
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

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