Ottele et al v. Martinez et al

Filing 20

SCHEDULING ORDER, signed by Magistrate Judge Sheila K. Oberto on 7/28/2022. Pleading Amendment Deadline 11/4/2022. Discovery Deadlines: Non-Expert 2/7/2023; Expert 4/21/2023. Mid-Discovery Status Conference set for 12/7/2022 at 08:30 AM in Bakers field, 510 19th Street before Bakersfield Magistrate Judge. Non-Dispositive Motions filed by 4/28/2023. Dispositive Motions filed by 6/20/2023. Pretrial Conference set for 9/29/2023 at 01:30 PM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston. Jury Trial set for 12/5/2023 at 08:30 AM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston. (Hall, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 10 11 EASTERN DISTRICT OF CALIFORNIA I. Magistrate Judge Consent: SUSAN OTTELE, et al., Plaintiffs, 12 13 14 v. OSCAR MARTINEZ, et al., Defendants. 15 ) ) ) ) ) ) ) ) ) ) Case No.: 1:22-cv-00187-JLT-BAK SCHEDULING ORDER1 (Fed. R. Civ. P. 16) Pleading Amendment Deadline: 11/4/2022 Discovery Deadlines: Initial Disclosures: 8/4/2022 Non-Expert: 2/7/2023 Expert: 4/21/2023 Mid-Discovery Status Conference: 12/7/2022 at 8:30 a.m. 16 17 Non-Dispositive Motion Deadlines: Filing: 4/28/2023 Hearing: 6/2/2023 18 19 Dispositive Motion Deadlines: Filing: 6/20/2023 Hearing: 8/1/2023 20 21 Pre-Trial Conference: 9/29/2023 at 1:30 p.m. Courtroom 4 22 23 Trial: 12/5/2023 at 8:30 a.m. Courtroom 4 Jury trial: 4-5 days 24 25 26 27 28 1 The Court finds the information provided in the Joint Scheduling Report and Scheduling Conference Worksheet (Doc. 19) is sufficient to schedule the matter without a hearing. Thus, the scheduling conference set for August 4, 2022, is VACATED. 1 1 Notice of Congested Docket and Court Policy of Trailing 2 Due to the District Judges’ heavy caseload, the adopted policy of the Fresno Division of the 3 Eastern District is to trail all civil cases. The parties are hereby notified that for a trial before a District 4 Judge, the parties will trail indefinitely behind any higher priority criminal or older civil case set on the 5 same date until a courtroom becomes available. The Magistrate Judges’ availability is far more realistic and accommodating to parties than that 6 7 of the U.S. District Judges who carry the heaviest caseloads in the nation and who must prioritize 8 criminal and older civil cases over more recently filed civil cases. A United States Magistrate Judge 9 may conduct trials, including entry of final judgment, pursuant to 28 U.S.C. § 636(c), Federal Rule of 10 Civil Procedure 73, and Local Rule 305. Any appeal from a judgment entered by a United States 11 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 12 13 States Article III District Court Judges from throughout the nation as Visiting Judges. Pursuant to the 14 Local Rules, Appendix A, reassignments will be random, and the parties will receive no advance notice 15 before the case is reassigned to an Article III District Court Judge from outside of the Eastern District. Therefore, the parties are directed to consider consenting to Magistrate Judge jurisdiction to 16 17 conduct all further proceedings, including trial. Within 10 days of the date of this order, counsel 18 SHALL file a consent/decline form (provided by the Court at the inception of this case) indicating 19 whether they will consent to the jurisdiction of the Magistrate Judge. 20 II. Pleading Amendment Deadline Any requested pleading amendments are ordered to be filed, either through a stipulation or 21 22 motion to amend, no later than November 4, 2022. 23 III. 24 25 26 27 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 August 4, 2022. The parties are ordered to complete all discovery pertaining to non-experts on or before February 7, 2023, and all discovery pertaining to experts on or before April 21, 2023. 28 2 The parties are directed to disclose all expert witnesses2, in writing, on or before February 21, 1 2 2023, and to disclose all rebuttal experts on or before March 24, 2023. The written designation of 3 retained and non-retained experts shall be made pursuant to Fed. R. Civ. P. Rule 26(a)(2), (A), (B), 4 and (C) and shall include all information required thereunder. Failure to designate experts in 5 compliance with this order may result in the Court excluding the testimony or other evidence offered 6 through such experts that are not disclosed pursuant to this order. The provisions of Fed. R. Civ. P. 26(b)(4) and (5) shall apply to all discovery relating to experts 7 8 and their opinions. Experts must be fully prepared to be examined on all subjects and opinions 9 included in the designation. Failure to comply will result in the imposition of sanctions, which may 10 include striking the expert designation and preclusion of expert testimony. The provisions of Fed. R. Civ. P. 26(e) regarding a party’s duty to timely supplement 11 12 disclosures and responses to discovery requests will be strictly enforced. A mid-discovery status conference is scheduled for December 7, 2022, at 8:30 a.m. before the 13 14 assigned Magistrate Judge. Counsel SHALL file a joint mid-discovery status conference report one 15 week before the conference. Counsel also SHALL lodge the report via e-mail to 16 The joint statement SHALL outline the discovery counsel have 17 completed and that which needs to be completed as well as any impediments to completing the 18 discovery within the deadlines set forth in this order. Counsel SHALL discuss settlement and certify 19 that they have done so. Counsel may appear via teleconference by dialing (877) 402-9757 and 20 entering Access Code 6966236, provided the Magistrate Judge’s Courtroom Deputy Clerk receives a 21 written notice of the intent to appear telephonically no later than five court days before the noticed 22 hearing date. 23 IV. 24 Pre-Trial Motion Schedule All non-dispositive pre-trial motions, including any discovery motions, shall be filed no later 25 26 27 28 2 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 than April 28, 20233 and heard on or before June 2, 2023. Non-dispositive motions are heard before 2 the assigned Magistrate Judge. No motion to amend or stipulation to amend the case schedule will be entertained unless it 3 4 is filed at least one week before the first deadline the parties wish to extend. Likewise, no written 5 discovery motions shall be filed without the prior approval of the assigned Magistrate Judge. A party 6 with a discovery dispute must first confer with the opposing party in a good faith effort to resolve by 7 agreement the issues in dispute. If that good faith effort is unsuccessful, the moving party promptly 8 shall seek a telephonic hearing with all involved parties and the Magistrate Judge. To schedule this 9 telephonic hearing, the parties are ordered to contact the Courtroom Deputy Clerk, Susan Hall, at (661) 10 326-6620 or via email at At least three days before the conference, counsel 11 SHALL file informal letter briefs detailing their positions. The briefs may not exceed 7 pages, 12 excluding exhibits. Counsel must comply with Local Rule 251 with respect to discovery disputes 13 or the motion will be denied without prejudice and dropped from the Court’s calendar. Counsel may appear and argue non-dispositive motions via teleconference by dialing (877) 402- 14 15 9757 and entering Access Code 6966236, provided the Magistrate Judge's Courtroom Deputy Clerk 16 receives a written notice of the intent to appear telephonically no later than five court days before the 17 noticed hearing date. All dispositive pre-trial motions shall be filed no later than June 20, 2023, and heard no later 18 19 than August 1, 2023, in Courtroom 4 at 8:30 a.m., before the Honorable Jennifer L. Thurston, United 20 States District Court Judge. In scheduling such motions, counsel shall comply with Fed. R. Civ. P. 56 21 and Local Rules 230 and 260. 22 V. Motions for Summary Judgment or Summary Adjudication 23 At least 21 days before filing a motion for summary judgment or motion for summary 24 adjudication, the parties are ORDERED to meet, in person or by telephone, to confer about the issues 25 to be raised in the motion. 26 The purpose of the meeting shall be to: 1) avoid filing motions for summary judgment where a 27 28 3 Non-dispositive motions related to non-expert discovery SHALL be filed within a reasonable time of discovery of the dispute, but in not later than 30 days after the expiration of the non-expert discovery deadline. 4 1 question of fact exists; 2) determine whether the respondent agrees that the motion has merit in whole 2 or in part; 3) discuss whether issues can be resolved without the necessity of briefing; 4) narrow the 3 issues for review by the court; 5) explore the possibility of settlement before the parties incur the 4 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 5 6 statement of undisputed facts at least five days before the conference. The finalized joint statement of 7 undisputed facts SHALL include all facts that the parties agree, for purposes of the motion, may be 8 deemed true. In addition to the requirements of Local Rule 260, the moving party shall file the joint 9 statement of undisputed facts. In the notice of motion, the moving party SHALL certify that the parties have met and 10 11 conferred as ordered above or set forth a statement of good cause for the failure to meet and confer. 12 Failure to comply may result in the motion being stricken. 13 VI. September 29, 2023, at 1:30 p.m. in Courtroom 4 before the Honorable Jennifer L. Thurston, 14 15 Pre-Trial Conference Date United States District Court Judge. 16 The parties are ordered to file a Joint Pretrial Statement pursuant to Local Rule 281(a)(2). 17 The parties are further directed to submit a digital copy of their pretrial statement in Word format via 18 email at Counsels’ attention is directed to Rules 281 and 282 of the Local Rules of Practice for the 19 20 Eastern District of California, as to the obligations of counsel in preparing for the pre-trial conference. 21 The Court will insist upon strict compliance with those rules. In addition to the matters set forth in the 22 Local Rules the Joint Pretrial Statement shall include a Joint Statement of the case to be used by the 23 Court to explain the nature of the case to the jury during voir dire. 24 VII. 25 26 Trial Date December 5, 2023, at 8:30 a.m. in Courtroom 4 before the Honorable Jennifer L. Thurston, United States District Court Judge. 27 A. This is a jury trial. 28 B. Counsels' Estimate of Trial Time: 4-5 days. 5 C. 1 Counsels’ attention is directed to Local Rules of Practice for the Eastern District of 2 California, Rule 285. 3 VIII. Settlement Conference The parties may file a joint written request for a settlement conference if they believe that such 4 5 a conference would be fruitful. 6 IX. Request for Bifurcation, Appointment of Special Master, or other 7 Techniques to Shorten Trial 8 Not applicable. 9 X. There are no pending related matters. 10 11 Related Matters Pending XI. Compliance with Federal Procedure All counsel SHALL familiarize themselves with the Federal Rules of Civil Procedure and the 12 13 Local Rules of Practice of the Eastern District of California, and to keep abreast of any amendments 14 thereto. The Court must insist upon compliance with these Rules if it is to efficiently handle its 15 increasing case load and sanctions will be imposed for failure to follow both the Federal Rules of Civil 16 Procedure and the Local Rules of Practice for the Eastern District of California. 17 XII. Effect of this Order The foregoing order represents the best estimate of the court and counsel as to the agenda most 18 19 suitable to dispose of this case. The trial date reserved is specifically reserved for this case. If the 20 parties determine at any time that the schedule outlined in this order cannot be met, counsel are ordered 21 to notify the court immediately of that fact so that adjustments may be made, either by stipulation or by 22 subsequent status conference. The dates set in this order are firm and will not be modified absent a showing of good 23 24 cause even if the request to modify is made by stipulation. Stipulations extending the deadlines 25 contained herein will not be considered unless they are accompanied by affidavits or declarations, 26 and where appropriate attached exhibits, which establish good cause for granting the relief 27 requested. 28 /// 6 Failure to comply with this order may result in the imposition of sanctions. 1 2 3 4 5 IT IS SO ORDERED. Dated: /s/ Sheila K. Oberto July 28, 2022 . UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7

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