Griffin v. Union Pacific Railroad Company

Filing 11

SCHEDULING ORDER, signed by Magistrate Judge Jennifer L. Thurston on 5/16/2017. Consent/Decline due within 10 days. Pleading Amendment Deadline 8/11/2017. Discovery Deadlines: Non-Expert 12/1/2017; Expert 4/13/2018. Mid-Discovery Status Conferenc e set for 10/16/2017 at 08:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. Non-Dispositive Motion Deadlines: Filed by 4/27/2018; Hearing by 5/25/2018. Dispositive Motion Deadlines: Filed by 6/15/2018; Hearing by 7/31/2018. Pretrial Conference set for 10/2/2018 at 08:30 AM in Courtroom 4 (LJO) before Chief Judge Lawrence J. O'Neill. Jury Trial set for 11/27/2018 at 08:30 AM in Courtroom 4 (LJO) before Chief Judge Lawrence J. O'Neill. (Hall, S)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 ) ) Plaintiff, ) ) v. ) UNION PACIFIC RAILROAD COMPANY, ) ) Defendant. ) ) ) Case No.: 1:17-CV-00384 - LJO - JLT JOHNNY GRIFFIN, SCHEDULING ORDER (Fed. R. Civ. P. 16) Pleading Amendment Deadline: 8/11/2017 Discovery Deadlines: Initial Disclosures: 6/9/2017 Non-Expert: 12/1/2017 Expert: 4/13/2018 Mid-Discovery Status Conference: 10/16/2017 at 8:30 a.m. 16 17 Non-Dispositive Motion Deadlines: Filing: 4/27/2018 Hearing: 5/25/2018 18 19 Dispositive Motion Deadlines: Filing: 6/15/2018 Hearing: 7/31/2018 20 21 22 Pre-Trial Conference: 10/2/2018 at 8:30 a.m. Courtroom 4 23 24 Trial: 25 26 27 /// 28 /// 1 11/27/2018 at 8:30 a.m. Courtroom 4 Jury trial: 5 days 1 I. May 16, 2017. 2 3 Date of Scheduling Conference II. Appearances of Counsel 4 Philip Ganong appeared on behalf of Plaintiff. 5 John Feeney appeared on behalf of Defendant. 6 III. Magistrate Judge Consent: 7 Notice of Congested Docket and Court Policy of Trailing 8 Due to the District Judges’ heavy caseload, the newly adopted policy of the Fresno Division of 9 the Eastern District is to trail all civil cases. The parties are hereby notified that for a trial date set 10 before a District Judge, the parties will trail indefinitely behind any higher priority criminal or older 11 civil case set on the same date until a courtroom becomes available. The trial date will not be reset to a 12 continued date. The Magistrate Judges’ availability is far more realistic and accommodating to parties than that 13 14 of the U.S. District Judges who carry the heaviest caseloads in the nation and who must prioritize 15 criminal and older civil cases over more recently filed civil cases. A United States Magistrate Judge 16 may conduct trials, including entry of final judgment, pursuant to 28 U.S.C. § 636(c), Federal Rule of 17 Civil Procedure 73, and Local Rule 305. Any appeal from a judgment entered by a United States 18 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 19 20 States Article III District Court Judges from throughout the nation as Visiting Judges. Pursuant to the 21 Local Rules, Appendix A, such reassignments will be random, and the parties will receive no advance 22 notice before their case is reassigned to an Article III District Court Judge from outside of the Eastern 23 District of California. Therefore, the parties are directed to consider consenting to Magistrate Judge jurisdiction to 24 25 conduct all further proceedings, including trial. Within 10 days of the date of this order, counsel 26 SHALL file a consent/decline form (provided by the Court at the inception of this case) indicating 27 whether they will consent to the jurisdiction of the Magistrate Judge. 28 /// 2 1 IV. Pleading Amendment Deadline Any requested pleading amendments are ordered to be filed, either through a stipulation or 2 3 motion to amend, no later than August 11, 2017. 4 V. 5 6 7 8 9 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 June 9, 2017. The parties are ordered to complete all discovery pertaining to non-experts on or before December 1, 2017, and all discovery pertaining to experts on or before April 13, 2018. The parties are directed to disclose all expert witnesses1, in writing, on or before February 2, 10 2017, and to disclose all rebuttal experts on or before March 2, 2018. The written designation of 11 retained and non-retained experts shall be made pursuant to Fed. R. Civ. P. Rule 26(a)(2), (A), (B), 12 and (C) and shall include all information required thereunder. Failure to designate experts in 13 compliance with this order may result in the Court excluding the testimony or other evidence offered 14 through such experts that are not disclosed pursuant to this order. 15 The provisions of Fed. R. Civ. P. 26(b)(4) and (5) shall apply to all discovery relating to experts 16 and their opinions. Experts must be fully prepared to be examined on all subjects and opinions 17 included in the designation. Failure to comply will result in the imposition of sanctions, which may 18 include striking the expert designation and preclusion of expert testimony. 19 20 21 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. A mid-discovery status conference is scheduled for October 16, 2017 at 8:30 a.m. before the 22 Honorable Jennifer L. Thurston, U.S. Magistrate Judge, located at 510 19th Street, Bakersfield, 23 California. Counsel SHALL file a joint mid-discovery status conference report one week before the 24 conference. Counsel also SHALL lodge the status report via e-mail to 25 The joint statement SHALL outline the discovery counsel have completed and that which needs to be 26 completed as well as any impediments to completing the discovery within the deadlines set forth in this 27 28 1 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 order. Counsel may appear via teleconference by dialing (888) 557-8511 and entering Access Code 2 1652736, provided the Magistrate Judge's Courtroom Deputy Clerk receives a written notice of the 3 intent to appear telephonically no later than five court days before the noticed hearing date. 4 VI. Pre-Trial Motion Schedule All non-dispositive pre-trial motions, including any discovery motions, shall be filed no later 5 6 than April 27, 2018, and heard on or before May 25, 2018. Non-dispositive motions are heard before 7 the Honorable Jennifer L. Thurston, United States Magistrate Judge at the United States Courthouse in 8 Bakersfield, California. No motion to amend or stipulation to amend the case schedule will be entertained unless it 9 10 is filed at least one week before the first deadline the parties wish to extend. Likewise, no written 11 discovery motions shall be filed without the prior approval of the assigned Magistrate Judge. A party 12 with a discovery dispute must first confer with the opposing party in a good faith effort to resolve by 13 agreement the issues in dispute. If that good faith effort is unsuccessful, the moving party promptly 14 shall seek a telephonic hearing with all involved parties and the Magistrate Judge. It shall be the 15 obligation of the moving party to arrange and originate the conference call to the court. To schedule 16 this telephonic hearing, the parties are ordered to contact the Courtroom Deputy Clerk, Susan Hall, at 17 (661) 326-6620 or via email at Counsel must comply with Local Rule 251 18 with respect to discovery disputes or the motion will be denied without prejudice and dropped 19 from the Court’s calendar. Counsel may appear and argue non-dispositive motions via teleconference by dialing (888) 557- 20 21 8511 and entering Access Code 1652736, provided the Magistrate Judge's Courtroom Deputy Clerk 22 receives a written notice of the intent to appear telephonically no later than five court days before the 23 noticed hearing date. All dispositive pre-trial motions shall be filed no later than June 15, 2018 and heard no later 24 25 than July 31, 2018, in Courtroom 4 at 8:30 a.m. before the Honorable Lawrence J. O'Neill, United 26 States District Court Judge. In scheduling such motions, counsel shall comply with Fed. R. Civ. P. 56 27 and Local Rules 230 and 260. 28 /// 4 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 October 2, 2018, at 8:30 a.m. in Courtroom 4 before Judge O'Neill. 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 O'Neill's chambers, by email at 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 /// 5 1 IX. November 27, 2018, at 8:30 a.m. in Courtroom 4 before the Honorable Lawrence J. O'Neill, 2 3 Trial Date United States District Court Judge. 4 A. This is a jury trial. 5 B. Counsels' Estimate of Trial Time: 5 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 a settlement conference with the Court would be fruitful, they may file a 9 10 joint written request for a conference, including proposed dates. At that time, notwithstanding the 11 provisions of Local Rule 270(b), the settlement conference will be conducted by Magistrate Judge 12 Thurston. The Court deems the deviation from the Local Rule to be appropriate and in the interests of 13 the parties and justice and sound case management based upon the location of the parties. If any party 14 prefers that the settlement conference is conducted by a judicial officer not already assigned to 15 this case, that party is directed to notify the Court at least 60 days in advance of the proposed 16 settlement conference date to allow sufficient time for another judicial officer to be assigned to 17 handle the conference. 18 XI. Request for Bifurcation, Appointment of Special Master, or other 19 Techniques to Shorten Trial 20 Not applicable at this time. 21 22 23 24 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 25 and the Local Rules of Practice of the Eastern District of California, and to keep abreast of any 26 amendments thereto. The Court must insist upon compliance with these Rules if it is to efficiently 27 handle its increasing case load and sanctions will be imposed for failure to follow both the Federal 28 Rules of Civil Procedure and the Local Rules of Practice for the Eastern District of California. 6 1 2 XIV. Effect of this Order The foregoing order represents the best estimate of the court and counsel as to the agenda most 3 suitable to dispose of this case. The trial date reserved is specifically reserved for this case. If the 4 parties determine at any time that the schedule outlined in this order cannot be met, counsel are ordered 5 to notify the court immediately of that fact so that adjustments may be made, either by stipulation or by 6 subsequent status conference. 7 The dates set in this Order are considered to be firm and will not be modified absent a 8 showing of good cause even if the request to modify is made by stipulation. Stipulations 9 extending the deadlines contained herein will not be considered unless they are accompanied by 10 affidavits or declarations, and where appropriate attached exhibits, which establish good cause 11 for granting the relief requested. 12 Failure to comply with this order may result in the imposition of sanctions. 13 14 15 16 IT IS SO ORDERED. Dated: May 16, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 7

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