Sienze v. Madera County Sheriff's Office, et al.

Filing 19

SCHEDULING ORDER, signed by Magistrate Judge Stanley A. Boone on 2/21/18. Discovery Deadlines: Initial Disclosures: March 2, 2018, Non-Expert Discovery: June 29, 2018, Expert Disclosure: August 17, 2018, Supp Expert Disclosure: September 17, 2018, E xpert Discovery: October 31, 2018; Dispositive Motion Deadlines: Filing: November 14, 2018, Hearing: Pursuant to Local Rules; Settlement Conference: August 15, 2018 at 9:30 a.m., Courtroom 8; Pre-Trial Conference: January 23, 2019 at 10:00 a.m., Courtroom 2; Trial: March 26, 2019 at 8:30 a.m., Courtroom 2, Jury Trial - 3-4 Days. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No. 1: 17-cv-00736-AWI-SAB

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SCHEDULING ORDER (Fed. R. Civ. P. 16)
VICTOR M. SIENZE,

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Plaintiff,

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Dispositive Motion Deadlines:
Filing: November 14, 2018
Hearing: Pursuant to Local Rules

v.

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Settlement Conference:
August 15, 2018 at 9:30 a.m.
Courtroom 8

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Discovery Deadlines:
Initial Disclosures: March 2, 2018
Non-Expert Discovery: June 29, 2018
Expert Disclosure: August 17, 2018
Supp Expert Disclosure: September 17, 2018
Expert Discovery: October 31, 2018

SHERIFF'S DEPUTY MATTHEW J.
KUTZ, ET. AL.,
Defendants.

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Pre-Trial Conference:
January 23, 2019 at 10:00 a.m.
Courtroom 2
Trial: March 26, 2019 at 8:30 a.m.
Courtroom 2
Jury Trial - 3-4 Days

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I.

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The Scheduling Conference was held on February 20, 2018.

Date of Scheduling Conference

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II.

Appearances of Counsel

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Pro Se Plaintiff. No appearance made.

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Wiley Driskill appeared on behalf of Defendants.

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III.

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Pursuant to 28 U.S.C. § 636(c), to the parties who have not consented to conduct all

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further proceedings in this case, including trial, before United States Magistrate Judge Stanley A.

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Boone, you should be informed that because of the pressing workload of United States district

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judges and the priority of criminal cases under the United States Constitution, you are encouraged

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to consent to magistrate judge jurisdiction in an effort to have your case adjudicated in a timely

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and cost effective manner. Presently, when a civil trial is set before Judge Ishii, any criminal trial

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set which conflicts with the civil trial will take priority, even if the civil trial was set first.

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Continuances of civil trials under these circumstances may no longer be entertained, absent a

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specific and stated finding of good cause, but the civil trial may instead trail from day to day or

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week to week until the completion of either the criminal case or the older civil case. The parties

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are advised that they are free to withhold consent or decline magistrate jurisdiction without

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adverse substantive consequences.

Consent to Magistrate Judge

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IV.

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The Parties are ordered to exchange the initial disclosures required by Fed. R. Civ. P.

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Initial Disclosure under Fed. R. Civ. P. 26(a)(1)

26(a)(1) on or before March 2, 2018.

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V.

Amendments to Pleading

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The parties do not anticipate any amendments to the pleadings at this time. The parties

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are advised that filing motions and/or stipulations requesting leave to amend the pleadings does

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not reflect on the propriety of the amendment or imply good cause to modify the existing

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schedule, if necessary. All proposed amendments must (A) be supported by good cause pursuant

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to Fed. R. Civ. P. 16(b) if the amendment requires any modification to the existing schedule, see

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Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992), and (B) establish,

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under Fed. R. Civ. P. 15(a), that such an amendment is not (1) prejudicial to the opposing party,

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(2) the product of undue delay, (3) proposed in bad faith, or (4) futile, see Foman v. Davis, 371
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U.S. 178, 182 (1962).

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VI.

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The parties are ordered to complete all non-expert discovery on or before June 29, 2018

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Discovery Plan and Cut-Off Dates

and all expert discovery on or before October 31, 2018.

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The parties are directed to disclose all expert witnesses, in writing, on or before August

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17, 2018 and to disclose all supplemental experts on or before September 17, 2018. The written

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designation of retained and non-retained experts shall be made pursuant to Fed. R. Civ. P.

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26(a)(2), (A), (B) and (C) and shall include all information required thereunder. Failure to

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designate experts in compliance with this order may result in the Court excluding the testimony or

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other evidence offered through the experts that are not properly disclosed in compliance with this

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order.

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The provisions of Fed. R. Civ. P. 26(b)(4) and (5) shall apply to all discovery relating to

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experts and their opinions. Experts must be fully prepared to be examined on all subjects and

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opinions included in the designation. Failure to comply will result in the imposition of sanctions,

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which may include striking the expert designation and the exclusion of their testimony.

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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.

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The parties are cautioned that the discovery/expert cut-off deadlines are the dates by

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which all discovery must be completed. Absent good cause, discovery motions will not be heard

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after the discovery deadlines. Moreover, absent good cause, the Court will only grant relief on a

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discovery motion if the relief requested requires the parties to act before the expiration of the

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relevant discovery deadline. In other words, discovery requests and deposition notices must be

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served sufficiently in advance of the discovery deadlines to permit time for a response, time to

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meet and confer, time to prepare, file and hear a motion to compel and time to obtain relief on a

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motion to compel. Counsel are expected to take these contingencies into account when proposing

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discovery deadlines. Compliance with these discovery cutoffs requires motions to compel be

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filed and heard sufficiently in advance of the discovery cutoff so that the Court may grant

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effective relief within the allotted discovery time. A party's failure to have a discovery dispute
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heard sufficiently in advance of the discovery cutoff may result in denial of the motion as

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untimely.

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VII.

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Unless prior leave of Court is obtained at least seven (7) days before the filing date, all

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moving and opposition briefs or legal memorandum in civil cases shall not exceed twenty-five

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(25) pages. Reply briefs filed by moving parties shall not exceed ten (10) pages. Before

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scheduling any motion, the parties must comply with all requirements set forth in Local Rule 230

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and 251.

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A.

Pre-Trial Motion Schedule

Non-Dispositive Pre-Trial Motions

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As noted, all non-expert discovery, including motions to compel, shall be completed no

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later than June 29, 2018. All expert discovery, including motions to compel, shall be completed

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no later than October 31, 2018. Compliance with these discovery cutoffs requires motions to

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compel be filed and heard sufficiently in advance of the discovery cutoff so that the Court may

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grant effective relief within the allotted discovery time. A party’s failure to have a discovery

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dispute heard sufficiently in advance of the discovery cutoff may result in denial of the motion as

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untimely. Non-dispositive motions are heard on Wednesdays at 10:00 a.m., before United States

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Magistrate Judge Stanley A. Boone in Courtroom 9.

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In scheduling any non-dispositive motion, the Magistrate Judge may grant Applications

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for an Order Shortening Time pursuant to Local Rule 144(e). However, if counsel does not

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obtain an Order Shortening Time, the Notice of Motion must comply with Local Rule 251.

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Counsel may appear and argue non-dispositive motions by telephone, providing a written

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request to so appear is made to the Magistrate Judge's Courtroom Clerk no later than three (3)

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court days before the noticed hearing date. In the event that more than one attorney requests to

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appear by telephone, then it shall be the obligation of the moving party(ies) to arrange and

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originate a conference call to the court.

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Discovery Disputes: If a motion is brought under Fed. R. Civ. P. 37, the parties must

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prepare and file a Joint Statement re Discovery Disagreement (“Joint Statement”) as required by

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Local Rule 251. The Joint Statement must be filed seven (7) calendar days before the scheduled
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hearing date. Courtesy copies of all motion-related documents, declarations, and exhibits must be

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delivered to the Clerk’s Office by 10:00 a.m. on the fourth court day prior to the scheduled

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hearing date. Motions will be removed from the court’s hearing calendar if the Joint Statement is

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not timely filed or if courtesy copies are not timely delivered. In order to satisfy the meet and

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confer requirement set forth in Local Rule 251(b), the parties must confer and talk to each other

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in person, over the telephone or via video conferencing before the hearing about the discovery

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dispute. The Court may issue sanctions against the moving party or the opposing party if either

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party fails to meet and confer in good faith.
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Dispositive Pre-Trial Motions

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All dispositive pre-trial motions shall be filed no later than November 14, 2018 and heard

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pursuant to the Local Rules in Courtroom 2 before United States Senior District Judge Anthony

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W. Ishii. In scheduling such motions, counsel shall comply with Fed. R. Civ. P 56 and Local

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Rules 230 and 260.

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Motions for Summary Judgment or Summary Adjudication: Prior to filing a motion for

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summary judgment or motion for summary adjudication, the parties are ORDERED to meet, in

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person or by telephone, and confer to discuss the issues to be raised in the motion.

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The purpose of the meeting shall be to: 1) avoid filing motions for summary judgment

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where a question of fact exists; 2) determine whether the respondent agrees that the motion has

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merit in whole or in part; 3) discuss whether issues can be resolved without the necessity of

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briefing; 4) narrow the issues for review by the court; 5) explore the possibility of settlement

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before the parties incur the expense of briefing a summary judgment motion; and 6) to arrive at a

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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

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Undisputed Facts. In addition to the requirements of Local Rule 260, the moving party shall

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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

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conferred as ordered above or set forth a statement of good cause for the failure to meet and

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confer.
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VIII. Pre-Trial Conference Date

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The Pre-Trial conference is set for January 23, 2019 at 10:00 a.m. in Courtroom 2

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before United States Senior District Judge Anthony W. Ishii.

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The parties are ordered to file a Joint Pretrial Statement pursuant to Local Rule

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281(a)(2). The parties are further directed to submit a digital copy of their Pretrial Statement in

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Word format, directly to Senior District Judge Anthony W. Ishii’s chambers by email at

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[e-mail].

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Counsels’ attention is directed to Rules 281 and 282 of the Local Rules for the Eastern

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District of California, as to the obligations of counsel in preparing for the pre-trial conference.

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The Court will insist upon strict compliance with those rules. In addition to the matters set forth

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in the Local Rules, the Joint Pretrial Statement shall include a Joint Statement of the Case to be

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used by the Court to explain the nature of the case to the jury during voir dire.

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IX.

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Trial is set for March 26, 2019 at 8:30 a.m. in Courtroom 2 before Senior United States

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Trial Date

District Judge Anthony W. Ishii.

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A.

This is a jury trial.

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B.

Counsels’ Estimate of Trial Time: 3-4 Days.

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C.

Counsels’ attention is directed to Local Rule 285 for the Eastern District of

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California.

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X.

Settlement Conference

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A Settlement Conference is scheduled for August 15, 2018 at 9:30 a.m. in Courtroom 8

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before United States Magistrate Judge Barbara A. McAuliffe. Unless otherwise permitted in

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advance by the Court, the attorneys who will try the case shall appear at the Settlement

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Conference with the parties and the person or persons having full authority to negotiate and settle

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the case on any terms at the conference. Insurance carriers, business organizations, and

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governmental bodies or agencies whose settlement agreements are subject to approval by

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legislative bodies, executive committees, boards of directors or the like shall be represented by a

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person or persons who occupy high executive positions in the party organization and who will be
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directly involved in the process of approval of any settlement offers or agreements. To the extent

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possible the representative shall have the authority, if he or she deems it appropriate, to settle the

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action on terms consistent with the opposing party's most recent demand. At least one (1) week

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prior to the Settlement Conference, the parties shall submit a Confidential Settlement Conference

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Statement directly to Judge McAuliffe's chambers by e-mail to [e-mail].

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The statement should not be filed with the Clerk of the Court nor served on any other party,

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although the parties may file a Notice of Lodging of Settlement Conference Statement. Each

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statement shall be clearly marked CONFIDENTIAL with the date and time of the Settlement

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Conference indicated prominently thereon. The Confidential Settlement Conference Statement

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shall include the following:

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A.

A brief statement of the facts of the case.

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B.

A brief statement of the claims and defenses, i.e., statutory or other grounds upon

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which the claims are founded; a forthright evaluation of the parties' likelihood of

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prevailing on the claims and defenses; and a description of the major issues in dispute.

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C.

A summary of the proceedings to date.

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D.

An estimate of the cost and time to be expended for further discovery, pretrial and

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trial.

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E.

The relief sought.

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F.

The party's position on settlement, including present demands and offers and a

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history of past settlement discussions, offers and demands.

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XI.

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Request for Bifurcation, Appointment of Special Master, or other Techniques
to Shorten Trial

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Not applicable at this time.

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XII.

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There are no pending related matters.

Related Matters Pending

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XIII. Compliance with Federal Procedure

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All counsel are expected to familiarize themselves with the Federal Rules of Civil

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

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amendments thereto.

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

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Rules as provided in both the Federal Rules of Civil Procedure and the Local Rules for the

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Eastern District of California.

The Court must insist upon compliance with these Rules if it is to

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Additional requirements and more detailed procedures for courtroom practice before

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United States Magistrate Judge Stanley A. Boone can be found at the United States District Court

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for the Eastern District of California’s website (www.caed.uscourts.gov) under Judges; United

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States Magistrate Judge Stanley A. Boone (SAB).

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Procedures,” there is a link to “Standard Information.” All parties and counsel shall comply with

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the guidelines set forth therein.

In the area entitled “Case Management

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XIV. Effect of this Order

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The foregoing order represents the best estimate of the court and counsel as to the agenda

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most suitable to dispose of this case. The trial date reserved is specifically reserved for this case.

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If the parties determine at any time that the schedule outlined in this order cannot be met, counsel

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are ordered to notify the court immediately of that fact so that adjustments may be made, either

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by stipulation or by subsequent status conference.

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Stipulations extending the deadlines contained herein will not be considered unless

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they are accompanied by affidavits or declarations, and where appropriate attached

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exhibits, which establish good cause for granting the relief requested. The parties are

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advised that due to the impacted nature of civil cases on the district judges in the Eastern

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District of California, Fresno Division, that stipulations to continue set dates are disfavored

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and will not be granted absent good cause.

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Lastly, should counsel or a party appearing pro se fail to comply with the directions

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as set forth above, an ex parte hearing may be held and contempt sanctions, including

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monetary sanctions, dismissal, default, or other appropriate judgment, may be imposed

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and/or ordered.

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IT IS SO ORDERED.
Dated:

February 21, 2018
UNITED STATES MAGISTRATE JUDGE

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