Tehachapi Unified School District v. K.M. (a minor) et al

Filing 22

SCHEDULING ORDER, signed by Magistrate Judge Jennifer L. Thurston on 5/10/2017. Consent/Decline due within 10 days. Pleading Amendment Deadline 6/30/2017. Administrative Record Deadline: Filing by 6/9/2017; Objections by 6/23/2017. Merits Briefing: Opening Brief by 7/21/2017; Response by 8/18/2017; Reply by 9/8/2017; Hearing by 10/17/2017. Further Scheduling Conference set for 12/4/2017 at 09:15 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TEHACHAPI UNIFIED SCHOOL
DISTRICT,

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Plaintiff,

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v.

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K.M., et al.,
Defendants.

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1: 16-CV-01942 - DAD - JLT
SCHEDULING ORDER (Fed. R. Civ. P. 16)
Pleading Amendment Deadline: 6/30/2017
Administrative Record Deadline
Filing: 6/9/2017
Objections to the record: 6/23/2017
Merits Briefing:
Opening Brief: 7/21/20174
Defendant’s response: 8/18/2017
Reply brief: 9/8/2017
Hearing deadline: 10/17/2017

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Further Scheduling Conference:
12/4/2017 at 9:15 a.m.

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I.

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Date of Scheduling Conference
May 10, 2017.

II.

Appearances of Counsel

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Darren Bogie appeared on behalf of Plaintiff.

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Lyndsey Gallagher appeared on behalf of Defendants.

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III.

Magistrate Judge Consent:

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Notice of Congested Docket and Court Policy of Trailing

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Due to the District Judges’ heavy caseload, the newly adopted policy of the Fresno Division of

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the Eastern District is to trail all civil cases. The parties are hereby notified that for a trial date set
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before a District Judge, the parties will trail indefinitely behind any higher priority criminal or older

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civil case set on the same date until a courtroom becomes available. A trial date will not be reset to a

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continued date.
The Magistrate Judges’ availability is far more realistic and accommodating to parties than that

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of the U.S. District Judges who carry the heaviest caseloads in the nation and who must prioritize

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criminal and older civil cases over more recently filed civil cases. A United States Magistrate Judge

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may conduct trials, including entry of final judgment, pursuant to 28 U.S.C. § 636(c), Federal Rule of

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Civil Procedure 73, and Local Rule 305. Any appeal from a judgment entered by a United States

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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

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States Article III District Court Judges from throughout the nation as Visiting Judges. Pursuant to the

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Local Rules, Appendix A, such reassignments will be random, and the parties will receive no advance

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notice before their case is reassigned to an Article III District Court Judge from outside of the Eastern

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District of California.
Therefore, the parties are directed to consider consenting to Magistrate Judge jurisdiction to

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conduct all further proceedings, including trial. Within 10 days of the date of this order, counsel

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SHALL file a consent/decline form (provided by the Court at the inception of this case) indicating

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whether they will consent to the jurisdiction of the Magistrate Judge.

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IV.

Pleading Amendment Deadline
Any requested pleading amendments are ordered to be filed, either through a stipulation or

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motion to amend, no later than June 30, 2017. Any motion to amend the pleadings shall be heard by

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the Honorable Dale A. Drozd, United States District Court Judge.

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V.

Administrative Record

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Plaintiff SHALL lodge a searchable electronic copy of the administrative record no later than

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June 9, 2017. Plaintiff SHALL also provide a courtesy paper copy to Judge Drozd’s chambers at the

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time of the filing of the opening brief. Any objections to the record SHALL be filed no later than

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June 23, 2017.

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If there is a dispute over the contents of the administrative record, the objecting party SHALL
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confer with the opposing party in a good faith effort to resolve the issues in dispute. If that good faith

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effort is unsuccessful, the objecting party SHALL promptly seek a telephonic hearing with all involved

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parties and the Magistrate Judge. It is the obligation of the objecting party to arrange and originate the

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conference call to the Court. To schedule this telephonic hearing, the parties are ordered to contact

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Courtroom Deputy Clerk, Susan Hall at [phone] or via email at [e-mail].

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VI.

Merits Briefing and Hearing

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Plaintiff’s opening brief SHALL be filed no later than July 21, 2017, and Defendant’s

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opposition brief SHALL be filed no later than August 18, 2017. Plaintiff’s reply, if any, SHALL be

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filed no later than September 8, 2017.
The hearing SHALL be set before the Honorable Dale A. Drozd, United States District Court

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Judge, in Courtroom 5, no later than October 17, 2017.

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VII.

Further Scheduling Conference
A further scheduling conference is set on December 4, 2017 at 9:15 a.m. The parties SHALL

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file a joint status report seven days prior to the hearing.

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VIII. Compliance with Federal Procedure
All counsel are expected to familiarize themselves with the Federal Rules of Civil Procedure

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and the Local Rules of Practice of the Eastern District of California, and to keep abreast of any

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amendments thereto. The Court must insist upon compliance with these Rules if it is to efficiently

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handle its increasing case load and sanctions will be imposed for failure to follow both the Federal

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Rules of Civil Procedure and the Local Rules of Practice for the Eastern District of California.

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IX.

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Effect of this Order
The foregoing 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 ordered

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to notify the court immediately of that fact so that adjustments may be made, either by stipulation or by

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subsequent status conference.

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The dates set in this Order are considered to be firm and will not be modified absent a
showing of good cause even if the request to modify is made by stipulation. Stipulations
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extending the deadlines contained herein will not be considered unless they are accompanied by

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affidavits or declarations, and where appropriate attached exhibits, which establish good cause

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for granting the relief requested.

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Failure to comply with this order may result in the imposition of sanctions.

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IT IS SO ORDERED.
Dated:

May 10, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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