Ochoa v. County of Kern et al

Filing 36

ORDER DISCHARGING 28 31 Order to Show Cause; ORDER AMENDING CASE SCHEDULE, signed by Magistrate Judge Jennifer L. Thurston on 10/15/2020. Settlement Conference set for 4/16/2021 at 09:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. Pretrial Conference set for 6/7/2021 at 03:30 PM in Courtroom 4. (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 ALEJANDRO OCHOA, Plaintiff, 12 13 14 Case No.: 1:18-CV-01599 NONE JLT ORDER DISCHARGING ORDER TO SHOW CAUSE; ORDER AMENDING THE CASE SCHEDULE v. COUNTY OF KERN, et al., Defendants. 15 16 17 The Court recently issued orders to show cause to the plaintiff and his counsel of record for 18 their repeated failures to comply with the Court’s orders. (Doc. 28; Doc. 31) Ms. Gyongyos has 19 not responded. Mr. Dunn has responded and though the response was unsatisfactory—both in tone 20 and content—the Court was most concerned about the statement made that the parties could not 21 sincerely discuss resolution of the matter given the status of the aborted discovery. Thus, the Court 22 held an informal telephonic conference (Doc. 33, 35). After conferring with counsel, the Court 23 and counsel developed a workable amended the case schedule. Therefore, the Court ORDERS: 24 1. The orders to show cause (Docs. 28, 31) are DISCHARGED; 25 2. The case schedule is amended as follows: 26 27 28 a. The depositions of the defendant deputies SHALL be completed no later than November 13, 2020; b. The parties SHALL disclose experts no later than December 4, 2020 and 1 1 any rebuttal experts no later than January 8, 2021. The parties SHALL complete expert 2 discovery no later than February 12, 2021. The plaintiff has agreed he will submit to an 3 independent medical examination at the request of the defense. The defense may serve a demand 4 for the examination before the close of expert discovery. However, if the defense decides to offer 5 the examiner’s opinion at trial, the examiner must be disclosed. The defense may disclose the 6 examiner either in the initial expert disclosure due on December 4, 2020 or in the rebuttal expert 7 disclosure due on February 12, 2021. The report of the independent medical examination SHALL 8 be provided immediately after it is completed, and the defense SHALL NOT await the disclosure 9 to provide it to the plaintiff; c. 10 The settlement conference is set on April 16, 2021 at 9:00 a.m. Counsel 11 SHALL exchange settlement offers and lodge confidential settlement conference statements, as 12 required by the scheduling order (Doc. 11 at 5-6); d. 13 14 3. The pretrial conference is set on June 7, 2021 at 3:30 p.m. Because the plaintiff has agreed to dismiss the Monell claim. Defense counsel 15 SHALL provide via email a stipulated dismissal of this claim to plaintiff’s counsel no later than 16 October 16, 2020. The stipulated dismissal of this claim SHALL be filed no later than October 17 23, 2020. 18 19 20 21 IT IS SO ORDERED. Dated: October 15, 2020 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 2

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