Benson v. Davis Enterprise Newspaper et al

Filing 225

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 7/16/2015 and agreed between the parties to modify the scheduling order. The Dispositive motions deadline is continued to 12/16/2015. Final Pretrial Conference is set for 6/9/2 016 at 03:30 PM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. Pretrial statements shall be filed no later than 21 days before the Pretrial Conference. Trial is set for 7/25/2016 at 09:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (Yin, K)

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KAMALA D. HARRIS, State Bar No. 146672
Attorney General of California
RENE L. LUCARIC, State Bar No. 180005
Supervising Deputy Attorney General
DAVID A. CARRASCO, State Bar No. 160460
Deputy Attorney General
300 South Spring Street, Suite 1702
Los Angeles, CA 90013
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants State of California,
California Department of Corrections and
Rehabilitation, Bailey, Johnson, and Shahid

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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JEREMY JAMISON,

2:10-cv-00124-KJM-EFB P

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Plaintiff, STIPULATION AND [PROPOSED]
ORDER MODIFYING SCHEDULE

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v.
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Action filed: January 14, 2010
SHAHID, et al.,

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Defendants.

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On April 7, 2014, the Court issued a scheduling order setting June 17, 2015, as the deadline

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for hearing dispositive motions. (ECF No. 203.) Defendants filed a motion for summary

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judgment on May 20, 2015, on the mistaken belief that the deadline pertained to the filing of the

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motion. Plaintiff’s counsel’s schedule does not allow him sufficient time to oppose Defendants’

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summary-judgment motion during the next few months. The parties therefore stipulate to modify

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the scheduling order as set forth below:

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Stipulation and [Proposed] Order Modifying Schedule (2:10-CV-00124 KJM EFB)

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Event

Current date

Proposed date

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Last day to hear dispositive motion

June 17, 2015

December 16, 2015

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Settlement conference (elective)

None set

April 20, 2016

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Final pretrial conference

September 16, 2015

May 25, 2016

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Trial

November 9, 2015

July 25, 2016

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Plaintiff’s opposition to Defendants’ motion for summary judgment shall be due by

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November 6, 2015, and Defendants’ reply shall be due on November 20, 2015.

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Dated: July 2, 2015

___/s/ Kevin Schwin _____________________
KEVIN SCHWIN
Law Offices of Kevin Schwin
Attorney for Plaintiff
Jeremy Jamison

Dated: July 2, 2015

___/s/ David A. Carrasco _________________
DAVID A. CARRASCO
Office of Attorney General
Attorney for Defendants
State of California, California Department
of Corrections and Rehabilitation, Bailey,
Johnson, and Shahid

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ORDER

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Having reviewed the stipulation of the parties to modify the scheduling order, and good

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cause showing therefor, the stipulation is approved. The dispositive motion deadline is continued

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to December 16, 2015. A settlement conference will be set by separate order. The final pretrial

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conference is set before the district judge on June 9, 2016 at 3:30 p.m.1 Pretrial Statements in

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accordance with E.D. Cal. L.R. 281 shall be filed not later than twenty-one days before the

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See Attachment to this stipulation and order for specific procedures for Pretrial
Conferences to be conducted before Judge Mueller.
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Stipulation and [Proposed] Order Modifying Schedule (2:10-CV-00124 KJM EFB)

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Pretrial Conference. Trial before the district judge is set for July 25, 2016 at 9:00 a.m. in

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Courtroom No. 3. Trial briefs shall be filed not later than fourteen days before trial.

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IT IS SO ORDERED.

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Dated: July 16, 2015.

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Stipulation and [Proposed] Order Modifying Schedule (2:10-CV-00124 KJM EFB)

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Final Pretrial Conference Requirements for Judge Mueller
At least one of the attorneys who will conduct the trial for each of the parties shall attend
the Final Pretrial Conference. If by reason of illness or other unavoidable circumstance a trial
attorney is unable to attend, the attorney who attends in place of the trial attorney shall have equal
familiarity with the case and equal authorization to make commitments on behalf of the client.
Counsel for all parties are to be fully prepared for trial at the time of the Final Pretrial
Conference, with no matters remaining to be accomplished except production of witnesses for
oral testimony. The parties shall confer and file a joint pretrial conference statement by *.*. The
provisions of Local Rule 281 shall apply with respect to the matters to be included in the joint
pretrial statement. In addition to those subjects listed in Local Rule 281(b), the parties are to
provide the court with the following:
- A plain, concise statement that identifies every non-discovery motion previously
tendered to the court and its resolution.
- A concise, joint list of undisputed core facts that are relevant to each claim.
Disputed core facts should then be identified in the same manner. The parties are reminded not to
identify every fact in dispute but only those disputed facts that are essential to the formulation of
each claim. Each disputed fact and undisputed fact should be separately numbered or lettered.
Where the parties are unable to agree on the core disputed facts, they should nevertheless list core
disputed facts in the above manner.
- Concise lists of disputed evidentiary issues that will be the subject of a party’s
motion in limine.
- Each party’s points of law, which concisely describe the legal basis or theory
underlying their claims and defenses. Points of law should reflect issues derived from the core
undisputed and disputed facts. Parties shall not include argument with any point of law; the
parties may include concise arguments in their trial briefs.
- A joint statement of the case in plain concise language, which will be read to the
jury during voir dire and at the beginning of the trial. The purpose of the joint statement is to
inform the jury what the case is about.
- The parties’ position on the number of jurors to be impaneled to try the case.
Discovery documents to be listed in the pretrial statement shall not include documents to be
used only for impeachment and in rebuttal.
The parties are reminded that pursuant to Local Rule 281 they are required to attach to the
Final Pretrial Conference Statement an exhibit listing witnesses and exhibits they propose to offer
at trial. After the name of each witness, each party shall provide a brief statement of the nature of
the testimony to be proffered. The parties may file a joint list or each party may file separate lists.
These list(s) shall not be contained in the body of the Final Pretrial Conference Statement itself,
but shall be attached as separate documents to be used as addenda to the Final Pretrial Order.
Plaintiff’s exhibits shall be listed numerically. Defendant’s exhibits shall be listed
alphabetically. The parties shall use the standard exhibit stickers provided by the court: pink for
plaintiff and blue for defendant. In the event that the alphabet is exhausted, the exhibits shall be
marked “AA-ZZ”. However, if the amount of defendant exhibits exceeds “ZZ” exhibits shall be
then listed as A-3, A-4, A-5 etc. All multi-page exhibits shall be stapled or otherwise fastened
together and each page within the exhibit shall be numbered. The list of exhibits shall not include
excerpts of depositions to be used only for impeachment. In the event that plaintiff(s) and
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Stipulation and [Proposed] Order Modifying Schedule (2:10-CV-00124 KJM EFB)

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defendant(s) offer the same exhibit during trial, that exhibit shall be referred to by the designation
the exhibit is first identified. The court cautions the parties to pay attention to this detail so that
all concerned, including the jury, will not be confused by one exhibit being identified with both a
number and a letter. The parties are encouraged to consult concerning exhibits and, to the extent
possible, provide joint exhibits, which shall be designated as JX and listed numerically, e.g., JX1, JX-2.

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The Final Pretrial Order will contain a stringent standard for the offering at trial of
witnesses and exhibits not listed in the Final Pretrial Order, and the parties are cautioned that the
standard will be strictly applied. On the other hand, the listing of exhibits or witnesses that a
party does not intend to offer will be viewed as an abuse of the court’s processes.
Counsel shall produce all trial exhibits to Casey Schultz, the Courtroom Deputy, no later
than 3:00 p.m. on the Friday before trial.

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Failure to comply with Local Rule 281, as modified by this order, may be grounds for
sanctions.
The parties also are reminded that pursuant to Rule 16 of the Federal Rules of Civil
Procedure it will be their duty at the Final Pretrial Conference to aid the court in: (a) the
formulation and simplification of issues and the elimination of frivolous claims or defenses; (b)
the settling of facts that should properly be admitted; and (c) the avoidance of unnecessary proof
and cumulative evidence. Counsel must cooperatively prepare the joint Final Pretrial Conference
Statement and participate in good faith at the Final Pretrial Conference with these aims in mind.
“If the pretrial conference discloses that no material facts are in dispute and that the undisputed
facts entitle one of the parties to judgment as a matter of law,” the court may summarily dispose
of the case or claims. Portsmouth Square v. Shareholders Protective Comm., 770 F.2d 866, 86869 (9th Cir. 1985). A failure to do so may result in the imposition of sanctions which may
include monetary sanctions, orders precluding proof, elimination of claims or defenses, or such
other sanctions as the court deems appropriate.

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Concurrently with the filing of the Joint Final Pretrial Conference Statement, counsel shall
submit to chambers the word processable version of the Statement, in its entirety (including the
witness and exhibit lists) to: [e-mail].

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Stipulation and [Proposed] Order Modifying Schedule (2:10-CV-00124 KJM EFB)