Flores v. City of Bakersfield et al

Filing 14

SCHEDULING ORDER, signed by Magistrate Judge Jennifer L. Thurston on 1/11/2018. Pleading Amendment Deadline 4/10/2018. Discovery Deadlines: Initial Disclosures 1/31/2018; Non-Expert 12/21/2018; Expert 2/25/2019. Mid-Discovery Status Conference set for 9/17/2018 at 08:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. Non-Dispositive Motion Deadlines: Filed by 3/7/2019; Hearing by 4/4/2019. Dispositive Motion Deadlines: Filed by 4/18/2019; Hearing by 5/30/2 019. Settlement Conference set for 12/7/2018 at 10:30 AM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng. Pretrial Conference set for 7/8/2019 at 10:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. Jury Trial set for 8/12/2019 at 08:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Hall, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JESUS FLORES, 12 13 14 15 16 Plaintiff, v. CITY OF BAKERSFIELD, et al., Defendants. ) ) ) ) ) ) ) ) ) Case No.: 1:17-CV-1393- JLT SCHEDULING ORDER (Fed. R. Civ. P. 16) Pleading Amendment Deadline: 4/10/2018 Discovery Deadlines: Initial Disclosures: 1/31/2018 Non-Expert: 12/21/2018 Expert: 2/25/2019 Mid-Discovery Status Conference: 9/17/2018 at 8:30 a.m. 17 18 Non-Dispositive Motion Deadlines: Filing: 3/7/2019 Hearing: 4/4/2019 19 20 21 Dispositive Motion Deadlines: Filing: 4/18/2019 Hearing: 5/30/2019 22 23 Settlement Conference: 12/7/2018 at 10:30 a.m., Courtroom 6, Fresno, CA 24 25 Pre-Trial Conference: 7/8/2019 at 10:00 a.m. 510 19th Street, Bakersfield, CA 26 27 Trial: 8/12/2019 at 8:30 a.m. 510 19th Street, Bakersfield, CA Jury trial: 7-10 days 28 1 1 I. January 10, 2018. 2 3 Date of Scheduling Conference II. Appearances of Counsel 4 Thomas Seabaugh appeared on behalf of Plaintiff. 5 Heather Cohen appeared on behalf of Defendants. 6 III. Pleading Amendment Deadline Any requested pleading amendments are ordered to be filed, either through a stipulation or 7 8 motion to amend, no later than April 10, 2018. 9 IV. Fictitiously-Named Defendants All claims as to “Doe” Defendants, including any counterclaims and cross-claims, are hereby 10 11 DISMISSED. 12 V. 13 14 15 16 17 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 January 31, 2018. The parties are ordered to complete all discovery pertaining to non-experts on or before December 21, 2018, and all discovery pertaining to experts on or before February 25, 2019. The parties are directed to disclose all expert witnesses, in writing, on or January 11, 2019, and 18 to disclose all rebuttal experts on or before February 11, 2019. The written designation of retained 19 and non-retained experts shall be made pursuant to Fed. R. Civ. P. Rule 26(a)(2), (A), (B), and (C) 20 and shall include all information required thereunder. Failure to designate experts in compliance 21 with this order may result in the Court excluding the testimony or other evidence offered through such 22 experts that are not disclosed pursuant to this order. 23 The provisions of Fed. R. Civ. P. 26(b)(4) and (5) shall apply to all discovery relating to experts 24 and their opinions. Experts must be fully prepared to be examined on all subjects and opinions 25 included in the designation. Failure to comply will result in the imposition of sanctions, which may 26 include striking the expert designation and preclusion of expert testimony. 27 28 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. 2 A mid-discovery status conference is scheduled for September 17, 2018 at 8:30 a.m. before the 1 2 Honorable Jennifer L. Thurston, U.S. Magistrate Judge, located at 510 19th Street, Bakersfield, 3 California. Counsel SHALL file a joint mid-discovery status conference report one week before the 4 conference. Counsel also SHALL lodge the status report via e-mail to JLTorders@caed.uscourts.gov. 5 The joint statement SHALL outline the discovery counsel have completed and that which needs to be 6 completed as well as any impediments to completing the discovery within the deadlines set forth in this 7 order. Counsel may appear via teleconference by dialing (888) 557-8511 and entering Access Code 8 1652736, provided the Magistrate Judge's Courtroom Deputy Clerk receives a written notice of the 9 intent to appear telephonically no later than five court days before the noticed hearing date. 10 11 VI. Pre-Trial Motion Schedule All non-dispositive pre-trial motions, including any discovery motions, shall be filed no later 12 than March 7, 2019, and heard on or before April 4, 2019. The Court hears non-dispositive motions at 13 9:00 a.m. at the United States District Courthouse in Bakersfield, California. 14 No motion to amend or stipulation to amend the case schedule will be entertained unless it 15 is filed at least one week before the first deadline the parties wish to extend. Likewise, no written 16 discovery motions shall be filed without the prior approval of the assigned Magistrate Judge. A party 17 with a discovery dispute must first confer with the opposing party in a good faith effort to resolve by 18 agreement the issues in dispute. If that good faith effort is unsuccessful, the moving party promptly 19 shall seek a telephonic hearing with all involved parties and the Magistrate Judge. It shall be the 20 obligation of the moving party to arrange and originate the conference call to the court. To schedule 21 this telephonic hearing, the parties are ordered to contact the Courtroom Deputy Clerk, Susan Hall, at 22 (661) 326-6620 or via email at SHall@caed.uscourts.gov. Counsel must comply with Local Rule 251 23 with respect to discovery disputes or the motion will be denied without prejudice and dropped 24 from the Court’s calendar. 25 All dispositive pre-trial motions shall be filed no later than April 18, 2019, and heard no later 26 than May 30, 2019, before the Honorable Jennifer L. Thurston, United States Magistrate Judge, at the 27 United States District Courthouse in Bakersfield, California. In scheduling such motions, counsel shall 28 comply with Fed. R. Civ. P. 56 and Local Rules 230 and 260. 3 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. 10 The moving party SHALL initiate the meeting and SHALL provide a complete, proposed 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. 15 In the notice of motion the moving party SHALL certify that the parties have met and conferred 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 19 20 21 July 8, 2019, at 10:00 a.m., located at the United States District Courthouse in Bakersfield, California, before the Honorable Jennifer L. Thurston, United States Magistrate Judge. The parties are ordered to file a Joint Pretrial Statement pursuant to Local Rule 281(a)(2). 22 The parties are further directed to submit a digital copy of their pretrial statement in Word format, 23 directly to Judge Thurston's chambers, by email at JLTorders@caed.uscourts.gov. 24 Counsels' attention is directed to Rules 281 and 282 of the Local Rules of Practice for the 25 Eastern District of California, as to the obligations of counsel in preparing for the pre-trial conference. 26 The Court will insist upon strict compliance with those rules. In addition to the matters set forth in the 27 Local Rules the Joint Pretrial Statement shall include a Joint Statement of the case to be used by the 28 Court to explain the nature of the case to the jury during voir dire. 4 1 IX. August 12, 2019, at 8:30 a.m. at the United States District Courthouse in Bakersfield, 2 3 Trial Date California, before the Honorable Jennifer L. Thurston, United States Magistrate Judge. 4 A. This is a jury trial. 5 B. Counsels' Estimate of Trial Time: 7-10 days. 6 C. Counsels' attention is directed to Local Rules of Practice for the Eastern District of 7 California, Rule 285. 8 X. 9 10 Settlement Conference X. Settlement Conference A settlement conference is scheduled for 10:30 a.m. on December 7, 2018 in Courtroom 6 at 11 the Robert E. Coyle Federal Courthouse, 2500 Tulare Street, Fresno, California before Magistrate 12 Judge Michael J. Seng. 13 Unless otherwise permitted in advance by the Court, the attorneys who will try the case shall 14 appear at the Settlement Conference with the parties and the person or persons having full authority 15 to negotiate and settle the case on terms1 discussed at the conference. Consideration of settlement is a 16 serious matter that requires preparation prior to the settlement conference. Set forth below are the 17 procedures the Court will employ, absent good cause, in conducting the conference. 18 At least 21 days before the settlement conference, Plaintiff SHALL submit to Defendant via 19 fax or e-mail, a written itemization of damages and a meaningful2 settlement demand which includes a 20 brief explanation of why such a settlement is appropriate. Thereafter, no later than 14 days before the 21 settlement conference, Defendant SHALL respond via fax or e-mail with an acceptance of the offer or 22 23 24 25 26 27 28 1 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. 2 “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. If, however, the offering party is only willing to offer a settlement which it knows the other party will not accept, this should trigger a recognition the case is not in a settlement posture and the parties should confer about continuing or vacating the settlement conference via stipulation. 5 1 with a meaningful counteroffer, which includes a brief explanation of why such a settlement is 2 appropriate. If settlement is not achieved, each party SHALL attach copies of their settlement offers to their 3 4 Confidential Settlement Conference Statement, as described below. Copies of these documents shall 5 not be filed on the court docket. CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT 6 At least five court days before the settlement conference, the parties shall submit, directly to 7 8 Judge Seng’s chambers by e-mail to MJSorders@caed.uscourts.gov, a Confidential Settlement 9 Conference Statement. The statement should not be filed with the Clerk of the Court nor served on 10 any other party, although the parties may file a Notice of Lodging of Settlement Conference 11 Statement. Each statement shall be clearly marked "confidential" with the date and time of the 12 Settlement Conference indicated prominently thereon. 13 The Confidential Settlement Conference Statement shall include the following: 14 A. A brief statement of the facts of the case. 15 B. A brief statement of the claims and defenses, i.e., statutory or other grounds upon which 16 the claims are founded; a forthright evaluation of the parties' likelihood of prevailing on 17 the claims and defenses; and a description of the major issues in dispute. 18 C. A summary of the proceedings to date. 19 D. An estimate of the cost and time to be expended for further discovery, pretrial and trial. 20 E. The relief sought. 21 F. The party's position on settlement, including present demands and offers and a history of past settlement discussions, offers and demands. 22 23 XI. 24 Trial Not applicable at this time. 25 26 XII. Related Matters Pending There are no pending related matters. 27 28 Request for Bifurcation, Appointment of Special Master, or other Techniques to Shorten /// 6 1 2 XIII. Compliance with Federal Procedure All counsel are expected to familiarize themselves with the Federal Rules of Civil Procedure 3 and the Local Rules of Practice of the Eastern District of California, and to keep abreast of any 4 amendments thereto. The Court must insist upon compliance with these Rules to efficiently handle its 5 increasing case load, and sanctions will be imposed for failure to follow both the Federal Rules of Civil 6 Procedure and the Local Rules of Practice for the Eastern District of California. 7 XIV. Effect of this Order 8 9 The foregoing order represents the best estimate of the court and counsel as to the agenda most suitable to dispose of this case. The trial date reserved is specifically reserved for this case. If the 10 parties determine at any time that the schedule outlined in this order cannot be met, counsel are ordered 11 to notify the court immediately of that fact so that adjustments may be made, either by stipulation or by 12 subsequent status conference. 13 The dates set in this Order are considered to be firm and will not be modified absent a 14 showing of good cause even if the request to modify is made by stipulation. Stipulations 15 extending the deadlines contained herein will not be considered unless they are accompanied by 16 affidavits or declarations, and where appropriate attached exhibits, which establish good cause 17 for granting the relief requested. 18 Failure to comply with this order may result in the imposition of sanctions. 19 20 21 22 IT IS SO ORDERED. Dated: January 11, 2018 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 7

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