Fernandez v. North Kern State Prison, et al.

Filing 19

SCHEDULING ORDER, signed by Magistrate Judge Jennifer L. Thurston on 3/23/2017. Consent/Decline Deadline 4/3/2017. Pleading Amendment Deadline 7/2/2017. Discovery Deadlines: Non-Expert 12/15/2017; Expert 3/2/2018. Mid-Discovery Status Conference s et for 8/2/2017 at 08:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. Non-Dispositive Motion Deadlines: Filed by 3/12/2018; Hearing by 4/9/2018. Dispositive Motion Deadlines: Filed by 4/23/2018; Hearing by 6/4/2 018. Settlement Conference set for 3/16/2018 at 01:30 PM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. Pretrial Conference set for 7/25/2018 at 10:00 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. Jury Trial set for 9/18/2018 at 08:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Hall, S)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 JAMES FERNANDEZ, 11 Plaintiff, 12 v. 1 13 NORTH KERN STATE PRISON , et al., 14 Defendants. 15 ) ) ) ) ) ) ) ) ) 1: 16-CV-01612-AWI - JLT SCHEDULING ORDER (Fed. R. Civ. P. 16) Pleading Amendment Deadline: 7/2/2017 Discovery Deadlines: Initial Disclosures: 4/16/2017 Non-Expert: 12/15/2017 Expert: 3/2/2018 Mid-Discovery Status Conference: 8/2/2017 at 8:30 a.m. 16 17 Non-Dispositive Motion Deadlines: Filing: 3/12/2018 Hearing: 4/9/2018 18 19 20 Dispositive Motion Deadlines: Filing: 4/23/2018 Hearing: 6/4/2018 21 22 Settlement Conference: 3/16/2018 1:30 p.m. 510 19th Street, Bakersfield, CA 23 24 26 Pre-Trial Conference: 7/25/2018 at 10:00 a.m. Courtroom 2 27 Trial: 25 28 1 9/18/2018 at 8:30 a.m. Courtroom 2 At the hearing counsel clarified that North Kern State Prison/the CDCR is no longer a defendant in this action. 1 Jury trial: 5-8 days 1 2 I. March 23, 2017. 3 4 Date of Scheduling Conference II. Appearances of Counsel 5 Rex Grady appeared on behalf of Plaintiff. 6 Andrew Gibson appeared on behalf of Defendants. 7 8 9 III. Information Concerning the Court’s Schedule Out of fairness, the Court believes it is necessary to forewarn litigants that the Fresno Division of the Eastern District of California now has the heaviest District Court Judge caseload in the entire 10 nation. While the Court will use its best efforts to resolve this case and all other civil cases in a timely 11 manner, the parties are admonished that not all of the parties’ needs and expectations may be met as 12 expeditiously as desired. As multiple trials are now being set to begin upon the same date, parties may 13 find their case trailing with little notice before the trial begins. The law requires that the Court give any 14 criminal trial priority over civil trials or any other matter. The Court must proceed with a criminal trial 15 even if a civil trial was filed earlier and set for trial first. Continuances of any civil trial under these 16 circumstances will no longer be entertained, absent a specific and stated finding of good cause. All 17 parties should be informed that any civil trial set to begin during the time a criminal trial is proceeding 18 will trail the completion of the criminal trial. 19 The parties are reminded of the availability of a United States Magistrate Judge to conduct all 20 proceedings in this action. A United States Magistrate Judge is available to conduct trials, including 21 entry of final judgment, pursuant to 28 U.S.C. § 636(c), Federal Rule of Civil Procedure 73, and Local 22 Rule 305. The same jury pool is used by both United States Magistrate Judges and United States 23 District Court Judges. Any appeal from a judgment entered by a United States Magistrate Judge is 24 taken directly to the United States Court of Appeal for the Ninth Circuit. The parties are informed that 25 no substantive rulings or decisions will be affected by whether a party chooses to consent. 26 Finally, the Fresno Division of the Eastern District of California, whenever possible, is utilizing 27 United States Article III District Court Judges from throughout the nation as Visiting Judges. Pursuant 28 to the Local Rules, Appendix A, reassignments will be random, and the parties will receive no advance 2 1 notice before their case is reassigned to an Article III District Court Judge from outside of the Eastern 2 District of California. Therefore, the parties are directed to consider consenting to Magistrate Judge jurisdiction to 3 4 conduct all further proceedings, including trial. Within 10 days of the date of this order, counsel 5 SHALL file a consent/decline form (provided by the Court at the inception of this case) indicating 6 whether they will consent to the jurisdiction of the Magistrate Judge. 7 IV. Any requested pleading amendments are ordered to be filed, either through a stipulation or 8 9 Pleading Amendment Deadline motion to amend, no later than July 2, 2017. 10 Plaintiff SHALL redouble his effort of serving the absent defendants and is reminded of his 11 obligation to do so under Fed. R. Civ. P. 4(m). He SHALL serve these defendants within 60 days. 12 V. 13 14 15 16 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 April 15, 2017. The parties are ordered to complete all discovery pertaining to non-experts2 on or before December 15, 2017, and all discovery pertaining to experts on or before March 2, 2018. 17 The parties are directed to disclose all expert witnesses3, in writing, on or before January 5, 18 2018, and to disclose all rebuttal experts on or before February 2, 2018. The written designation of 19 retained and non-retained experts shall be made pursuant to Fed. R. Civ. P. Rule 26(a)(2), (A), (B), 20 and (C) and shall include all information required thereunder. Failure to designate experts in 21 compliance with this order may result in the Court excluding the testimony or other evidence offered 22 through such experts that are not disclosed pursuant to this order. 23 24 The provisions of Fed. R. Civ. P. 26(b)(4) and (5) shall apply to all discovery relating to experts and their opinions. Experts must be fully prepared to be examined on all subjects and opinions 25 26 27 28 2 Counsel will meet and confer before the deposition of any witness who is likely to have expert opinions to determine the limits of the deposition and to determine whether they will be taken during nonexpert discovery. No witness may be deposed more than once without leave of the Court. 3 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. 3 1 included in the designation. Failure to comply will result in the imposition of sanctions, which may 2 include striking the expert designation and preclusion of expert testimony. The provisions of Fed. R. Civ. P. 26(e) regarding a party's duty to timely supplement 3 4 disclosures and responses to discovery requests will be strictly enforced. A mid-discovery status conference is scheduled for August 2, 2017 at 8:30 a.m. before the 5 6 Honorable Jennifer L. Thurston, U.S. Magistrate Judge, located at 510 19th Street, Bakersfield, 7 California. Counsel SHALL file a joint mid-discovery status conference report one week before the 8 conference. Counsel also SHALL lodge the status report via e-mail to JLTorders@caed.uscourts.gov. 9 The joint statement SHALL outline the discovery counsel have completed and that which needs to be 10 completed as well as any impediments to completing the discovery within the deadlines set forth in this 11 order. Counsel may appear via teleconference by dialing (888) 557-8511 and entering Access Code 12 1652736, provided the Magistrate Judge's Courtroom Deputy Clerk receives a written notice of the 13 intent to appear telephonically no later than five court days before the noticed hearing date. 14 VI. 15 Pre-Trial Motion Schedule All non-dispositive pre-trial motions, including any discovery motions, shall be filed no later 16 than March 12, 2018, and heard on or before April 9, 2018. Non-dispositive motions are heard at 9:00 17 a.m., before the Honorable Jennifer L. Thurston, United States Magistrate Judge, at the United States 18 District Courthouse located at 510 19th Street, Bakersfield, California. 19 No written discovery motions shall be filed without the prior approval of the assigned 20 Magistrate Judge. A party with a discovery dispute must first confer with the opposing party in a good 21 faith effort to resolve by agreement the issues in dispute. If that good faith effort is unsuccessful, the 22 moving party promptly shall seek a telephonic hearing with all involved parties and the Magistrate 23 Judge. It shall be the obligation of the moving party to arrange and originate the conference call to the 24 court. To schedule this telephonic hearing, the parties are ordered to contact Courtroom Deputy Clerk, 25 Susan Hall at (661) 326-6620 or via email at SHall@caed.uscourts.gov. Counsel must comply with 26 Local Rule 251 with respect to discovery disputes or the motion will be denied without prejudice 27 and dropped from calendar. 28 In scheduling such motions, the Magistrate Judge may grant applications for an order shortening 4 1 time pursuant to Local Rule 144(e). However, if counsel does not obtain an order shortening time, the 2 notice of motion must comply with Local Rule 251. Counsel may appear and argue non-dispositive motions via teleconference by dialing (888) 557- 3 4 8511 and entering Access Code 1652736, provided the Magistrate Judge's Courtroom Deputy Clerk 5 receives a written notice of the intent to appear telephonically no later than five court days before the 6 noticed hearing date. All dispositive pre-trial motions shall be filed no later than April 23, 2018, and heard no later 7 8 than June 4, 2018, in Courtroom 2 at 8:30 a.m. before the Honorable Anthony W. Ishii, United States 9 District Court Judge. In scheduling such motions, counsel shall comply with Fed. R. Civ. P. 56 and 10 Local Rules 230 and 260. 11 VII. Motions for Summary Judgment or Summary Adjudication At least 21 days before filing a motion for summary judgment or motion for summary 12 13 adjudication, the parties are ORDERED to meet, in person or by telephone, to confer about the issues to 14 be raised in the motion. The purpose of the meeting shall be to: 1) avoid filing motions for summary judgment where a 15 16 question of fact exists; 2) determine whether the respondent agrees that the motion has merit in whole or 17 in part; 3) discuss whether issues can be resolved without the necessity of briefing; 4) narrow the issues 18 for review by the court; 5) explore the possibility of settlement before the parties incur the expense of 19 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 20 21 statement of undisputed facts at least five days before the conference. The finalized joint statement of 22 undisputed facts SHALL include all facts that the parties agree, for purposes of the motion, may be 23 deemed true. In addition to the requirements of Local Rule 260, the moving party shall file the joint 24 statement of undisputed facts. In the notice of motion the moving party SHALL certify that the parties have met and conferred 25 26 as ordered above, or set forth a statement of good cause for the failure to meet and confer. Failure to 27 comply may result in the motion being stricken. 28 /// 5 1 VIII. Pre-Trial Conference Date 2 July 25, 2018, at 10:00 a.m. in Courtroom 2 before Judge Ishii. 3 The parties are ordered to file a Joint Pretrial Statement pursuant to Local Rule 281(a)(2). 4 The parties are further directed to submit a digital copy of their pretrial statement in Word format, 5 directly to Judge Ishii's chambers, by email at AWIOrders@caed.uscourts.gov. Counsels' attention is directed to Rules 281 and 282 of the Local Rules of Practice for the 6 7 Eastern District of California, as to the obligations of counsel in preparing for the pre-trial conference. 8 The Court will insist upon strict compliance with those rules. In addition to the matters set forth in the 9 Local Rules the Joint Pretrial Statement shall include a Joint Statement of the case to be used by the 10 Court to explain the nature of the case to the jury during voir dire. 11 IX. September 18, 2018, at 8:30 a.m. in Courtroom 2 before the Honorable Anthony W. Ishii, 12 13 Trial Date United States District Court Judge. 14 A. This is a jury trial. 15 B. Counsels' Estimate of Trial Time: 5-8 days. 16 C. Counsels' attention is directed to Local Rules of Practice for the Eastern District of 17 California, Rule 285. 18 X. 19 Settlement Conference A Settlement Conference is scheduled for 1:30 p.m. March 16, 2018 located at 510 19th 20 Street, Bakersfield, California. Notwithstanding the provisions of Local Rule 270(b), the settlement 21 conference will be conducted by Magistrate Judge Thurston. The Court deems the deviation from 22 the Local Rule to be appropriate and in the interests of the parties and justice and sound case 23 management based upon the location of the parties. If any party prefers that the settlement 24 conference is conducted by a judicial officer not already assigned to this case, that party is directed 25 to notify the Court at least 60 days in advance of the scheduled settlement conference to allow 26 sufficient time for another judicial officer to be assigned to handle the conference. 27 28 Unless otherwise permitted in advance by the Court, the attorneys who will try the case shall appear at the Settlement Conference with the parties and the person or persons having full 6 1 authority to negotiate and settle the case on any terms4 at the conference. Consideration of 2 settlement is a serious matter that requires preparation prior to the settlement conference. Set forth 3 below are the procedures the Court will employ, absent good cause, in conducting the conference. 4 At least 21 days before the settlement conference, Plaintiff SHALL submit to Defendant via fax 5 or e-mail, a written itemization of damages and a meaningful5 settlement demand, which includes a brief 6 explanation of why such a settlement is appropriate. Thereafter, no later than 14 days before the 7 settlement conference, Defendant SHALL respond, via fax or e-mail, with an acceptance of the offer or 8 with a meaningful counteroffer, which includes a brief explanation of why such a settlement is 9 appropriate. 10 If settlement is not achieved, each party SHALL attach copies of their settlement offers to 11 their Confidential Settlement Conference Statement, as described below. Copies of these documents 12 shall not be filed on the court docket. CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT 13 14 At least five court days before the Settlement Conference, the parties shall submit, directly 15 to Judge Thurston's chambers by e-mail to JLTorders@caed.uscourts.gov, a Confidential Settlement 16 Conference Statement. The statement should not be filed with the Clerk of the Court nor served on 17 any other party, although the parties may file a Notice of Lodging of Settlement Conference 18 Statement. Each statement shall be clearly marked "confidential" with the date and time of the 19 Settlement Conference indicated prominently thereon. 20 The Confidential Settlement Conference Statement shall include the following: 21 A. A brief statement of the facts of the case. 22 B. A brief statement of the claims and defenses, i.e., statutory or other grounds upon 23 which the claims are founded; a forthright evaluation of the parties' likelihood of 24 prevailing on the claims and defenses; and a description of the major issues in 25 26 27 28 4 Insurance carriers, business organizations, and governmental bodies or agencies whose settlement agreements are subject to approval by legislative bodies, executive committees, boards of directors or the like shall be represented by a person or persons who occupy high executive positions in the party organization and who will be directly involved in the process of approval of any settlement offers or agreements. To the extent possible the representative shall have the authority, if he or she deems it appropriate, to settle the action on terms consistent with the opposing party's most recent demand. 5 “Meaningful” means that the offer is reasonably calculated to settle the case on terms acceptable to the offering party. “Meaningful” does not include an offer which the offering party knows will not be acceptable to the other party. 7 dispute. 1 2 C. A summary of the proceedings to date. 3 D. An estimate of the cost and time to be expended for further discovery, pretrial and trial. 4 5 E. The relief sought. 6 F. The party's position on settlement, including present demands and offers and a history 7 of past settlement discussions, offers and demands. 8 XI. 9 Trial Not applicable at this time. 10 11 12 13 14 Requests for Bifurcation, Appointment of Special Master, or other Techniques to Shorten 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 15 and the Local Rules of Practice of the Eastern District of California, and to keep abreast of any 16 amendments thereto. The Court must insist upon compliance with these Rules if it is to efficiently 17 handle its increasing case load, and sanctions will be imposed for failure to follow both the Federal 18 Rules of Civil Procedure and the Local Rules of Practice for the Eastern District of California. 19 XIV. Effect of this Order 20 The foregoing order represents the best estimate of the court and counsel as to the agenda most 21 suitable to dispose of this case. The trial date reserved is specifically reserved for this case. If the 22 parties determine at any time that the schedule outlined in this order cannot be met, counsel are ordered 23 to notify the court immediately of that fact so that adjustments may be made, either by stipulation or by 24 subsequent status conference. 25 The dates set in this Order are considered to be firm and will not be modified absent a 26 showing of good cause even if the request to modify is made by stipulation. Stipulations 27 extending the deadlines contained herein will not be considered unless they are accompanied by 28 8 1 affidavits or declarations, and where appropriate attached exhibits, which establish good cause 2 for granting the relief requested. 3 Failure to comply with this order may result in the imposition of sanctions. 4 5 6 7 IT IS SO ORDERED. Dated: March 23, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9

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