Wagner et al v. City of Stockton Police Department, et al
Filing
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STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Garland E. Burrell, Jr on 3/16/12: Discovery due by 7/23/2013. Dispositive Motions filed by 9/23/2013. Final Pretrial Conference set for 11/18/2013 at 11:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. Trial set for 2/11/2014 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Kaminski, H)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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THOMAS WAGNER, TAMMY WAGNER,
Plaintiffs,
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v.
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CITY OF STOCKTON, a municipal
corporation; BLAIR ULRING, in
his capacity of chief of
police for CITY OF STOCKTON;
MARK BERG (Stockton Police
Department Star #0486);
JEFFERY TACAZON (Stockton Police
Department Star #1395); and
MICHELLE GUTHRIE (Stockton
Police Department Star #1524),
Defendants.*
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2:11-cv-02490-GEB-EFB
STATUS (PRETRIAL SCHEDULING)
ORDER
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The status (pretrial scheduling) conference scheduled for
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hearing on March 26, 2012, is vacated since the parties’ Joint Status
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Report filed on March 12, 2012 (“JSR”) indicates the following Order
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should issue.
DISMISSAL OF DOE DEFENDANTS
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Since Plaintiffs have not justified Doe defendants remaining
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in this action, Does 1-20 are dismissed. See Order Setting Status
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(Pretrial Scheduling) Conference filed September 20, 2011, at 2 n.2
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*
The caption has been amended according to the Dismissal of Doe
Defendants portion of this Order.
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(indicating that if justification for “Doe” defendant allegations not
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provided Doe defendants would be dismissed).
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SERVICE, JOINDER OF ADDITIONAL PARTIES, AMENDMENT
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No further service, joinder of parties or amendments to
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pleadings is permitted, except with leave of Court for good cause shown.
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DISCOVERY
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All discovery shall be completed by July 23, 2013. In this
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context, “completed” means that all discovery shall have been conducted
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so that all depositions have been taken and any disputes relative to
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discovery shall have been resolved by appropriate orders, if necessary,
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and, where discovery has been ordered, the order has been complied with
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or, alternatively, the time allowed for such compliance shall have
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expired.
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Each party shall comply with Federal Rule of Civil Procedure
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26(a)(2)(B) and (C)’s initial expert witness disclosure requirements on
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or before March 15, 2013, and any contradictory and/or rebuttal expert
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disclosure authorized under Rule 26(a)(2)(D)(ii) on or before April 15,
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2013.
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MOTION HEARING SCHEDULE
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The last hearing date for a motion is September 23, 2013,
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commencing at 9:00 a.m.1 A motion shall be briefed as prescribed in Local
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Rule 230.
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The
parties
are
cautioned
that
an
untimely
motion
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characterized as a motion in limine may be summarily denied. A motion in
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limine addresses the admissibility of evidence.
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This time deadline does not apply to motions for continuances,
temporary restraining orders, emergency applications, or motions under
Rule 16(e) of the Federal Rules of Civil Procedure.
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FINAL PRETRIAL CONFERENCE
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The final pretrial conference is set for November 18, 2013, at
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11:00 a.m. The parties are cautioned that the lead attorney who WILL TRY
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THE CASE for each party shall attend the final pretrial conference. In
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addition, all persons representing themselves and appearing in propria
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persona must attend the pretrial conference.
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The parties are warned that non-trial worthy issues could be
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eliminated sua sponte “[i]f the pretrial conference discloses that no
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material facts are in dispute and that the undisputed facts entitle one
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of the parties to judgment as a matter of law.” Portsmouth Square v.
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S’holders Protective Comm., 770 F.2d 866, 869 (9th Cir. 1985).
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The parties shall file a JOINT pretrial statement no later
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than seven (7) calendar days prior to the final pretrial conference. The
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joint pretrial statement shall address the applicable portions of Local
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Rule 281(b), and shall set forth each theory of liability (“claim”) and
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affirmative defense which remains to be tried, and the ultimate facts on
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which each theory/defense is based. Furthermore, each party shall
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estimate the length of trial.2 The Court uses the parties’ joint pretrial
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statement to prepare its final pretrial order and could issue the final
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pretrial order without holding the scheduled final pretrial conference.
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See Mizwicki v. Helwig, 196 F.3d 828, 833 (7th Cir. 1999)(“There is no
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requirement that the court hold a pretrial conference.”).
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If
feasible,
at
the
time
of
filing
the
joint
pretrial
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statement counsel shall also email it in a format compatible with
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WordPerfect to: geborders@caed.uscourts.gov.
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If a trial by jury has been preserved, the joint pretrial
statement shall also state how much time each party desires for voir
dire, opening statements, and closing arguments.
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TRIAL SETTING
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Trial shall commence at 9:00 a.m. on February 11, 2014.
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IT IS SO ORDERED.
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Dated:
March 16, 2012
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GARLAND E. BURRELL, JR.
United States District Judge
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