Anderson v. The County of Fresno et al

Filing 19

CASE MANAGEMENT and SCHEDULING ORDER; Clerk to Correct Caption, signed by Magistrate Judge Helena M. Barch-Kuchta on 11/19/2021. (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANGELINA ANDERSON, individually and as successor-in-interest to Decedent CAROLOS BAIRES, 12 13 Case No. 1:21-cv-589-AWI-HBK CASE MANAGEMENT AND SCHEDULING ORDER Plaintiff, CLERK TO CORRECT CAPTION 14 v. 15 THE COUNTY OF FRESNO, JOHN ROBINSON, STEVE SWANSON and DOES 1 through 10, 16 Defendants.1 17 18 The Court telephonically conducted a case management and scheduling conference on 19 November 18, 2021. The following counsel appeared on behalf of the respective parties: Jeffrey 20 Eisinger and Stuart Chandler on behalf of Plaintiff; Judith D. Chapman and James Weakley on 21 behalf of Defendants Fresno County and Sheriff John Robinson, and Matthew Roman and David 22 Yengoyan on behalf of Defendant Steve Swanson. Following a review of the parties’ Joint 23 Report and after discussion with the parties at the scheduling conference, the court enters this 24 Case Management and Scheduling Order for this action under Fed. R. Civ. P. 16(b). If additional 25 parties are joined, the Court permits the parties to adjust these deadlines once by stipulation 26 27 28 1 On June 9, 2021, Plaintiff filed a First Amended Complaint (Doc. No. 9, FAC). The FAC does not name Defendant the California Highway Patrol as a defendant. See generally Id. The Court will direct the Clerk to correct the docket to reflect only the names of the defendants named in the FAC. 1 2 without court approval. The parties must file a Joint Stipulation with the revised stipulated dates. 1. Deadlines and Dates 3 Action or Event Date Deadline for providing mandatory initial disclosures. See Fed. R. Civ. P. 26(a)(1). 12/20/2021 Deadline for moving to join a party. See Fed. R. Civ. P. 14, 19, and 20, or amend the pleadings. See Fed. R. Civ. P. 15(a). N/A 4 5 6 7 8 Report Due: 7/28/2022 9 10 Mid-Discovery Status Conference Telephonic before Magistrate Judge Barch-Kuchta 11 12 13 Deadline for completing discovery. See Fed. R. Civ. P. 37. Any motions to compel discovery shall be filed no later than 21-days after the expiration of the due date or receipt of the objectionable discovery. Conference: 8/04/2022 1:00 p.m. 12/02/2022 14 15 Deadline for plaintiff to disclose expert report(s). See Fed. R. Civ. P. 26(a)(2). 1/06/2023 16 Deadline for defendants to disclose expert report(s). 1/06/2023 17 Deadline for disclosing any expert rebuttal report(s). 3/3/2023 18 Expert discovery deadline. 4/14/2023 Deadline to advise the Court of settlement, ADR, VDRP or mediation efforts to date. See Local Rules 270, 271. The parties may contact Chambers prior to this date to arrange a settlement conference. 5/12/2023 Deadline for filing dispositive motions. See Fed. R. Civ. P. 12(b)(6), Fed. R. Civ. P. 56. 6/09/2023 Deadline for filing the final joint pretrial statement, motion(s) in limine, proposed jury instructions, and verdict form. See Local Rule 281. 9/20/2023 Date of the final pretrial conference. See Fed. R. Civ. P. 16(e); See Local Rule 280, 281, 282, 283. Before Hon. Anthony W. Ishii. 9/27/2023 10:00 a.m. Month and year of the trial term. Before Hon. Anthony W. Ishii. 12/05/2023 at 8:30 a.m. 19 20 21 22 23 24 25 26 27 28 2 1 2 3 4 5 6 7 8 9 2. Trial Counsel indicated their best estimate for a jury trial is approximately 2 weeks. Defendants Fresno will request bifurcation as to Monell liability and damages. 3. Consent to the Magistrate Judge Jurisdiction The parties have not consented to conduct all further proceedings in this case, including trial, before a U.S. Magistrate Judge under 28 U.S.C. § 636(c). 4. Mid-discovery Status Conference The Court has set a Mid-Discovery Status Conference date to address any discovery concerns that may arise during discovery without the need to file a formal motion. The parties 10 shall file a Joint Mid-Discovery Status Report, not to exceed five (5) pages in length, which shall 11 outline the status of the case, any additional discovery still planned, potential for settlement, and 12 any other issues pending that would benefit from the Court’s assistance/direction. The parties 13 shall file the Joint Report as set forth above, and email a copy, in Word format, to 14 Parties may appear telephonically on the above-scheduled date at 15 1:00 p.m. by dialing: 1-888-204-5984 and entering Access Code 4446176. 16 Alternatively, if there are no discovery issues and the parties do not otherwise require the 17 Court’s assistance at this stage, the parties may move to vacate the Mid-Discovery Status 18 Conference by filing a joint motion no later than one week for the scheduled Conference. 19 Vacating the Mid-Discovery Status Conference does not relieve the parties of the requirement of 20 filing a Joint Mid-Discovery Report. 21 5. Motions Schedule 22 a. General Information Regarding Filing Motions, Deadlines and Hearings 23 Unless prior leave of the Court is obtained, all moving and opposition briefs or legal 24 memorandum in civil cases before Judge Barch-Kuchta shall not exceed twenty-five (25) pages. 25 Reply briefs by the moving party shall not exceed ten (10) pages. These page limitations do not 26 include exhibits or declarations. Briefs exceeding this page limitation without leave of Court may 27 be stricken or not considered. Counsel may choose to appear telephonically to argue non- 28 dispositive motions before Magistrate Judge Barch-Kuchta, provided they indicate their intent to 3 1 appear telephonically on their pleadings at least one week before the hearing. The Court’s 2 teleconference line is 1-888-204-5984; Access Code 4446176. 3 The deadlines for filing a response and a reply to a motion are dictated by Local Rule 4 230(b). Generally, the Court rules on motions based on a review of the papers without oral 5 argument under Local Rule 230(g). If the Court determines a hearing is necessary following 6 review of the record and briefs on file, the Court will set a hearing. 7 b. Informal Discovery Conference Prior to Filing Motion to Compel 8 Prior to filing a discovery motion under Fed. R. Civ. P. 37, a party must receive 9 permission from the Court, which the Court will grant following an informal discovery 10 conference. An informal discovery conference is separate and apart from the Mid-Discovery 11 Conference set forth above. Please refer to Judge Barch-Kuchta’s “Case Management Procedures” included under the 12 13 “Civil Procedures” tab on this Court’s webpage.2 A party requesting an informal discovery 14 conference should contact Chambers for available dates. The Court will schedule the conference 15 as soon as possible, taking into consideration the urgency of the issue. Before contacting the 16 Court, the parties must meet and confer by speaking in a person, over the telephone, or via video 17 conference in attempt to resolve the dispute. 18 At least 24-hours before the conference, each party shall simultaneously submit a letter 19 brief, outlining their position regarding the dispute. The letter briefs shall be no longer than three 20 (3) pages in length. Letter briefs should not be filed but shall be emailed to Chambers at 21 22 c. Motions to Compel 23 Following the informal discovery conference set forth above, the parties must conduct at 24 least one additional telephonic or video call as part of their obligations to meet and confer in 25 good faith to resolve their discovery dispute prior to seeking judicial intervention. If a party files 26 a motion to compel under Fed. R. Civ. P. 37, the parties must prepare and file a Joint Statement 27 2 28 Available at 4 1 Regarding Discovery Disagreement in compliance with Local Rule 251. Failure to comply with 2 Local Rule 251 will result in the Court denying the motion without prejudice and dropping the 3 motion from calendar. In addition to filing a Joint Statement electronically, a copy of the Joint 4 Statement, in Word format, shall also be sent to Chambers by email to 5 6 d. Motions for Summary Judgment or Summary Adjudication 7 Prior to filing a motion for summary judgment or motion for summary adjudication, the 8 parties are required to meet in person or by telephone and confer to discuss the issues to be raised 9 in the motion. The purpose of meeting shall be to: 1) avoid filing motions for summary judgment 10 where a question of fact exists; 2) determine whether the respondent agrees that the motion has 11 merit in whole or in part; 3) discuss whether issues can be resolved without the necessity of 12 briefing; 4) narrow the issues for review by the Court; 5) explore the possibility of settlement 13 before the parties incur the expense of briefing a summary judgment motion; and 6) arrive at a 14 Joint Statement of Undisputed Facts. 15 The moving party shall initiate the meeting and provide a draft of the Joint Statement of 16 Undisputed Facts in addition to the requirements under Local Rule 260. In the notice of motion, 17 the moving party shall certify that the parties have met and conferred as ordered above or must 18 forth a statement of good cause for the failure to meet and confer. 19 6. Mandatory Settlement Conference (Local Rule 270) 20 The parties will submit a Joint Settlement Statement indicating whether they have 21 engaged in settlement discussions and/or whether they consent to a settlement conference at that 22 time. If so, a settlement conference will be set by separate order. The parties are advised that 23 unless otherwise permitted in advance by the Court, the attorneys who will try the case shall 24 appear at the settlement conference with the parties and the person or persons having full 25 authority to negotiate and settle the case, on any terms, at the conference. The parties may 26 contact Chambers any time prior to this date if they wish to schedule a settlement conference or 27 participate in the VDRP program set forth in Local Rule 271. 28 /// 5 1 7. Pretrial Conference and Trial This case is scheduled to proceed before the Hon. Anthony W. Ishii for the pretrial 2 3 conference and trial as set forth above. 4 8. Effect of This Order 5 This CMSO represents the best estimate of the Court and parties as to the schedule most 6 suitable for this case. If the parties determine at any time that the dates outlined in this Order 7 cannot be met, the parties must notify the Court immediately of that fact so that adjustments may 8 be made, either by stipulation or by subsequent status conference. The dates set in this Order are firm and will not be modified absent a showing of good 9 10 cause even if the request to modify is made by stipulation, except for the one-time stipulation 11 described earlier in this Order. Stipulations extending the deadlines contained herein will not 12 be considered unless they are accompanied by affidavits or declarations, and where appropriate, 13 attached exhibits, which establish good cause for granting the relief requested. The failure to 14 comply with this Order may result in the imposition of sanctions. 9. The Clerk of Court shall correct the docket to reflect California Highway Patrol is no 15 16 longer named as a defendant in this action. See First Amended Complaint (Doc. No. 9). 17 18 19 Dated: November 19, 2021 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 6

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