Arnold v. County of Sacramento et al

Filing 41

STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Lawrence K. Karlton on 4/30/2013: All Discovery is left open, save and except that it shall be so conducted as to be completed by 10/29/2013. All Law and Motion shall be conducted so as to be completed by 12/29/2013. Final Pretrial Conference set for 3/31/2014 at 3:30 PM and Court Trial set for 6/24/2014 at 10:30 AM in Courtroom 4 (LKK). (Marciel, M)

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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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10 CONNIE ARNOLD,
NO. CIV. S-12-1998 LKK/EFB
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12

Plaintiff,
v.

13 COUNTY OF SACRAMENTO;
SACRAMENTO PUBLIC LIBRARY
14 AUTHORITY; SUNRISE
RECREATION & PARK DISTRICT;
15 and DOES 1 through 50,
inclusive,
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Defendants.
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/

STATUS (PRETRIAL SCHEDULING) CONFERENCE
READ THIS ORDER CAREFULLY.

IT CONTAINS IMPORTANT DATES WHICH

20 THE COURT WILL STRICTLY ENFORCE AND WITH WHICH ALL COUNSEL AND
21 PARTIES MUST COMPLY.

A FAILURE TO COMPLY WITH THE TERMS OF THIS

22 ORDER MAY RESULT IN THE IMPOSITION OF MONETARY AND ALL OTHER
23 SANCTIONS WITHIN THE POWER OF THE COURT, INCLUDING DISMISSAL OR AN
24 ORDER OF JUDGMENT.
25

Pursuant

to

court

order,

a

Status

(Pretrial

Scheduling)

26 Conference was held in chambers on April 29, 2013.
1

Jeff A.

1 Harrison appeared telephonically as counsel for plaintiff; Dirk D.
2 Larsen appeared telephonically as counsel for defendant Sunrise
3 Recreation & Park District; Jonathan B. Paul appeared as counsel
4 for County of Sacramento and Sacramento Public Library Authority.
5 After hearing, the court makes the following findings and orders:
6

SERVICE OF PROCESS

7

All parties defendant have been served and no further service

8 is permitted except with leave of court, good cause having been
9 shown.
10

JOINDER OF PARTIES/AMENDMENTS

11

No further joinder of parties or amendments to pleadings is

12 permitted except with leave of court, good cause having been shown.
13 See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir.
14 1992).
15

JURISDICTION/VENUE

16

Jurisdiction

is

predicated

upon

28

U.S.C.

§

1331,

is

17 undisputed, and is hereby found to be proper, as is venue.
18

MOTION HEARING SCHEDULES

19

All law and motion except as to discovery is left open, save

20 and except that it shall be conducted so as to be completed by
21 December 29, 2013. The word "completed" in this context means that
22 all law and motion matters must be heard by the above date.
23 Because this date is not necessarily a date previously set aside
24 for law and motion hearings, it is incumbent upon counsel to
25 contact this court's courtroom deputy, Ana Rivas at [phone],
26 sufficiently in advance so as to ascertain the dates upon which law
2

1 and motion will be heard and to properly notice its motion for
2 hearing before that date.

Counsel are cautioned to refer to Local

3 Rule 230 regarding the requirements for noticing such motions on
4 the

court's

regularly

scheduled

law

and

motion

calendar.

5 Opposition or statement of non-opposition to all motions shall be
6 filed not later than 4:30 p.m. fourteen (14) days preceding the
7 hearing date, or by proof of service by mail not less than
8 seventeen (17) days preceding the hearing date.

This paragraph

9 does not preclude motions for continuances, temporary restraining
10 orders or other emergency applications, and is subject to any
11 special scheduling set forth in the "MISCELLANEOUS PROVISIONS"
12 paragraph below.
13

At the time of filing a motion, opposition, or reply, counsel

14 are directed to email a copy in word processing format to

lkk-

15 [e-mail].
16

The parties should keep in mind that the purpose of law and

17 motion is to narrow and refine the legal issues raised by the case,
18 and

to

dispose

of

by

pretrial

motion

those

19 susceptible to resolution without trial.

issues

that

are

To accomplish that

20 purpose, the parties need to identify and fully research the issues
21 presented by the case, and then examine those issues in light of
22 the evidence gleaned through discovery.

If it appears to counsel

23 after examining the legal issues and facts that an issue can be
24 resolved by pretrial motion, counsel are to file the appropriate
25 motion by the law and motion cutoff set forth supra.
26

Unless prior permission has been granted, memoranda of law in
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1 support of and in opposition to motions are limited to thirty (30)
2 pages, and reply memoranda are limited to fifteen (15) pages.

The

3 parties are also cautioned against filing multiple briefs to
4 circumvent this rule.
5

Where the parties bring motions for summary judgment, the

6 court will deem facts which are apparently undisputed as undisputed
7 under Fed. R. Civ. P. 56(e), unless specifically reserved and that
8 party tenders evidence to support the reservation.
9

ALL PURELY LEGAL ISSUES ARE TO BE RESOLVED BY TIMELY PRETRIAL

10 MOTION AND A FAILURE TO MAKE SUCH A MOTION WILL ORDINARILY BE
11 VIEWED AS A WAIVER AT THE TIME OF PRETRIAL.

COUNSEL ARE CAUTIONED

12 THAT IF ANY LEGAL ISSUE THAT SHOULD HAVE BEEN TENDERED TO THE COURT
13 BY PRETRIAL MOTION MUST BE RESOLVED BY THE COURT AFTER LAW AND
14 MOTION CUTOFF, FOR INSTANCE WHERE THE ISSUE IS JURISDICTION,
15 SUBSTANTIAL SANCTIONS WILL BE LEVIED AGAINST COUNSEL WHO FAIL TO
16 TIMELY FILE AN APPROPRIATE MOTION.
17

Counsel are further reminded that motions in limine are

18 procedural

devices

designed

to

address

the

admissibility

of

19 evidence.

COUNSEL ARE CAUTIONED THAT THE COURT WILL LOOK WITH

20 DISFAVOR UPON SUBSTANTIVE MOTIONS PRESENTED IN THE GUISE OF MOTIONS
21 IN LIMINE

AT THE TIME OF TRIAL.

22

DISCOVERY

23

No modifications of the discovery requirements found in the

24 Federal Rules is ordered.
25

All discovery is left open, save and except that it shall be

26 so conducted as to be completed by October 29, 2013.
4

The word

1 "completed" means that all discovery shall have been conducted so
2 that all depositions have been taken and any disputes relative to
3 discovery

shall

have

been

resolved

by

appropriate

order

if

4 necessary and, where discovery has been ordered, the order has been
5 complied with.

Motions to compel discovery must be noticed on the

6 magistrate judge's calendar in accordance with the local rules of
7 this court and so that such motions will be heard not later than
8 September 29, 2013.

In this regard, all counsel are to designate

9 in writing and file with the court and serve upon all other parties
10 a final list of the names of all experts that they propose to
11 tender at trial not later than sixty (60) days before the close of
12 discovery herein established.

All designated experts shall submit

13 written reports which counsel shall exchange at the time of
14 designation.

The contents of the report must comply with

15 Civ. P. 26 (a)(2)(B).

Fed. R.

All experts so designated are to be fully

16 prepared to render an informed opinion at the time of designation
17 so that they may fully participate in any deposition taken by the
18 opposing party.

Experts will not be permitted to testify at the

19 trial as to any information gathered or evaluated, or opinion
20 formed, after deposition taken subsequent to designation.
21

An expert witness not appearing on said lists will not be

22 permitted

to

testify

unless

the

party

offering

the

witness

23 demonstrates: (a) that the necessity of the witness could not have
24 been reasonably anticipated at the time the lists were exchanged;
25 (b) the court and opposing counsel were promptly notified upon
26 discovery of the witness; and (c) that the witness was promptly
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1 proffered for deposition.
2

MID-LITIGATION STATEMENTS

3

Not later than fourteen (14) days prior to the close of

4 discovery, all parties shall file with the court and serve on all
5 other parties a brief statement summarizing all law and motion
6 practice heard by the court as of the date of the filing of the
7 statement, whether the court has disposed of the motion at the time
8 the statement is filed and served, and the likelihood that any
9 further motions will be noticed prior to the close of law and
10 motion. The filing of this statement shall not relieve the parties
11 or counsel of their obligation to timely notice all appropriate
12 motions as set forth above.
13

FINAL PRETRIAL CONFERENCE

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The Final Pretrial Conference is SET for March 31, 2014, at

15 3:30 p.m.

Counsel are cautioned that counsel appearing for

16 Pretrial will in fact try the matter.
17

Counsel for all parties are to be fully prepared for trial at

18 the time of the Pretrial Conference, with no matters remaining to
19 be accomplished except production of witnesses for oral testimony.
20 Counsel are referred to Local Rules 280 and 281 relating to the
21 contents of and time for filing Pretrial Statements.

In addition

22 to those subjects listed in Local Rule 281(b), the parties are to
23 provide the court with a plain, concise statement which identifies
24 every

non-discovery

25 resolution.

motion

tendered

to

the

court,

and

its

A FAILURE TO COMPLY WITH LOCAL RULES 280 AND 281 WILL

26 BE GROUNDS FOR SANCTIONS.
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The parties shall file Separate Pretrial Statements, the

2 contents and timing of which are set forth in Local Rule 281,
3 except that the parties are to prepare a JOINT STATEMENT with
4 respect to the undisputed facts and disputed factual issues of the
5 case.

See Local Rule 281(b)(3), (4), and (6).

The parties are

6 reminded to include in their joint statement all disputed and
7 undisputed special factual information as required by Local Rule
8 281(b)(6).

The joint statement shall be filed not less than seven

9 (7) days before the date set by the court for the holding of the
10 Final Pretrial Conference.
11

The undisputed facts and disputed factual issues are to be set

12 forth in two separate sections.

In each section, the parties

13 should identify first the general facts relevant to all causes of
14 action.

After identifying the general facts, the parties should

15 then identify those facts which are relevant to each separate cause
16 of action.

In this regard, the parties are to number each

17 individual fact or factual issue.

Where the parties are unable to

18 agree as to what factual issues are properly before the court for
19 trial, they should nevertheless list in the section on "DISPUTED
20 FACTUAL ISSUES" all issues asserted by any of the parties and
21 explain by parenthetical the controversy concerning each issue.
22 Each individual disputed fact or factual issue shall include the
23 following introductory language:

"Whether or not . . . ."

The

24 parties should keep in mind that, in general, each fact should
25 relate or correspond to an element of the relevant cause of action.
26 Notwithstanding

the

provisions

of
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Local

Rule

281,

the

Joint

1 Statement of Undisputed Facts and Disputed Factual Issues is to be
2 filed with the court concurrently with the filing of plaintiff's
3 Pretrial Statement. If the case is tried to a jury, the undisputed
4 facts will be read to the jury.
5

Pursuant to Local Rule 281(b)(10) and (11), the parties are

6 required

to

provide

in

their

Pretrial

Statements

a

list

of

7 witnesses and exhibits that they propose to proffer at trial, no
8 matter for what purpose. These lists shall not be contained in the
9 Pretrial Statement itself, but shall be attached as separate
10 documents to be used as addenda to the Final Pretrial Order.
11 Plaintiff's exhibits shall be listed

numerically; defendant's

12 exhibits shall be listed alphabetically.

In the event that the

13 alphabet is exhausted, defendant's exhibits shall be marked "2A-2Z,
14 3A-3Z, etc."

The Pretrial Order will contain a stringent standard

15 for the proffering of witnesses and exhibits at trial not listed in
16 the Pretrial Order.

Counsel are cautioned that the standard will

17 be strictly applied. On the other hand, the listing of exhibits or
18 witnesses which counsel do not intend to call or use will be viewed
19 as an abuse of the court's processes.
20

Pursuant to Local Rule 281(b)(12), a party is required to

21 provide a list of all answers to interrogatories and responses to
22 requests for admission that the party expects to offer at trial.
23 This list should include only those documents or portions thereof
24 which the party expects to offer in its case-in-chief.

Unless

25 otherwise barred by a rule of evidence or order of this court, the
26 parties remain free to tender appropriate discovery documents
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1 during trial for such purposes as, but not limited to, impeachment
2 or memory refreshment.
3

Pursuant

to

Local

Rule

281(b)(8),

the

parties'

Pretrial

4 Statements shall contain a "statement of legal theory, etc."

Each

5 party shall commence this section by specifying as to each claim
6 whether federal or state law governs, and if state law, the state
7 whose law is applicable.
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Counsel are also reminded that, pursuant to Fed. R. Civ. P.

9 16, it will be their duty at the Pretrial Conference to aid the
10 court in (a) formulation and simplification of issues and the
11 elimination of frivolous claims or defenses; (b) settling of facts
12 which should be properly admitted; and (c) the avoidance of
13 unnecessary proof and cumulative evidence.

Counsel must prepare

14 their Pretrial Statements, and participate in good faith at the
15 Pretrial Conference, with these aims in mind.

A FAILURE TO DO SO

16 MAY RESULT IN THE IMPOSITION of SANCTIONS which may include
17 monetary sanctions, orders precluding proof, eliminations of claims
18 or

defenses,

or

such

other

sanctions

as

the

court

deems

19 appropriate.
20

TRIAL SETTING

21

Trial is SET for June 24 2014, at 10:30 a.m.

22 the court without jury.

Trial will be by

The parties represent in good faith that

23 the trial will take approximately five (5) days.
24

SETTLEMENT CONFERENCE

25

A Settlement Conference will be set before a judge other than

26 the trial judge at the time of the Pretrial Conference.
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1

Counsel

are

cautioned

to

have

a

principal

capable

of

2 disposition present at the Settlement Conference or to be fully
3 authorized to settle the matter on any terms and at the Settlement
4 Conference.
5

MISCELLANEOUS PROVISIONS

6

The parties are reminded that pursuant to Fed. R. Civ. P.

7 16(b), the Status (pretrial scheduling) Order shall not be modified
8 except by leave of court upon a showing of good cause.

Counsel are

9 cautioned

dates

that

changes

to

any

of

the

scheduled

will

10 necessarily result in changes to all other dates. Thus, even where
11 good cause has been shown, the court will not grant a request to
12 change the discovery cutoff date without modifying the pretrial and
13 trial dates.
14

Agreement by the parties pursuant to stipulation does not

15 constitute good cause. Nor does the unavailability of witnesses or
16 counsel, except in extraordinary circumstances, constitute good
17 cause.
18

The parties are reminded of their continuing obligation to

19 supplement their statements relative to the identification of
20 parent corporations and any publicly held company that owns 10% or
21 more of the party's stock within a reasonable time of any change in
22 the information.
23

The parties are admonished that they are not to cite or refer

24 to any of the quotations inscribed in the pavers on the front plaza
25 of the United States Courthouse in any written or oral presentation
26 to the court or a jury.
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1

There appear to be no other matters presently pending before

2 the court that will aid the just and expeditious disposition of
3 this matter.
4

IT IS SO ORDERED.

5

DATED:

April 30, 2013.

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