Howard v. City of Vallejo et al

Filing 28

STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Lawrence K. Karlton on 1/13/14. Discovery deadline set for 1/1/2015. Law & Motion deadline set for 3/1/2015. Motions to compel discovery must be noticed on the magistrate judge's calendar, and such motions shall be heard not later than 12/1/2014. Final Pretrial Conference set for 6/1/2015 at 01:30 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. Jury Trial set for 9/1/2015 at 10:30 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. The trial will take approximately seven days. (Kastilahn, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MONTAE HOWARD, an individual, 12 13 14 15 16 17 18 19 20 No. CIV 13-1439 LKK/KJN Plaintiff, v. CITY OF VALLEJO, a municipal corporation; ROBERT GREENBERG and ROBERT KERR, individually and in their official capacities as law enforcement officers for the City of Vallejo Police Department; DOES 1-50, inclusive, individually and in their capacities as law enforcement officers and/or personnel for the City of Vallejo Police Department, 21 Defendants. 22 STATUS (PRETRIAL SCHEDULING) CONFERENCE 23 24 25 READ THIS ORDER CAREFULLY. IT CONTAINS IMPORTANT DATES 26 WHICH THE COURT WILL STRICTLY ENFORCE AND WITH WHICH ALL COUNSEL 27 AND PARTIES MUST COMPLY. 28 THIS ORDER MAY RESULT IN THE IMPOSITION OF MONETARY AND ALL OTHER A FAILURE TO COMPLY WITH THE TERMS OF 1 1 SANCTIONS WITHIN THE POWER OF THE COURT, INCLUDING DISMISSAL OR 2 AN ORDER OF JUDGMENT. 3 Pursuant to court order, a Status (Pretrial Scheduling) 4 Conference was held in chambers on January 13, 2014. 5 Lacy appeared as counsel for plaintiff; Richard W. Osman appeared 6 as counsel for defendants. 7 following findings and orders: 8 All After hearing, the court makes the SERVICE OF PROCESS 9 DeWitt M. parties have been served and no further service is 10 permitted except with leave of court, good cause having been 11 shown. 12 JOINDER OF PARTIES/AMENDMENTS 13 No further joinder of parties or amendments to pleadings is 14 permitted except with leave of court, good cause having been 15 shown. 16 (9th Cir. 1992). See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 17 JURISDICTION/VENUE 18 Jurisdiction 19 is predicated upon 28 U.S.C. ยง 1343, is undisputed, and is hereby found to be proper, as is venue. 20 MOTION HEARING SCHEDULES 21 All law and motion except as to discovery is left open, save 22 and except that it shall be conducted so as to be completed by 23 March 1, 2015. 24 all law and motion matters must be heard by the above date. 25 Because this date is not necessarily a date previously set aside 26 for law and motion hearings, it is incumbent upon counsel to 27 contact this court's courtroom deputy, Ana Rivas at (916) 930- 28 4133, sufficiently in advance so as to ascertain the dates upon The word "completed" in this context means that 2 1 which law and motion will be heard and to properly notice its 2 motion for hearing before that date. 3 refer to Local Rule 230 regarding the requirements for noticing 4 such motions on the court's regularly scheduled law and motion 5 calendar. 6 motions shall be filed not later than 4:30 p.m. fourteen (14) 7 days preceding the hearing date, or by proof of service by mail 8 not less than seventeen (17) days preceding the hearing date. 9 This Opposition paragraph does or not Counsel are cautioned to statement preclude of non-opposition motions for to all continuances, 10 temporary restraining orders or other emergency applications, and 11 is 12 "MISCELLANEOUS PROVISIONS" paragraph below. 13 subject At the to any time of special filing scheduling a motion, set forth opposition, or in the reply, 14 counsel are directed to email a copy in word processing format to 15 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 18 case, and to dispose of by pretrial motion those issues that are 19 susceptible 20 purpose, the parties need to identify and fully research the 21 issues presented by the case, and then examine those issues in 22 light of the evidence gleaned through discovery. 23 to counsel after examining the legal issues and facts that an 24 issue can be resolved by pretrial motion, counsel are to file the 25 appropriate motion by the law and motion cutoff set forth supra. to resolution without trial. To accomplish that If it appears 26 Unless prior permission has been granted, memoranda of law 27 in support of and in opposition to motions are limited to thirty 28 (30) pages, and reply memoranda 3 are limited to fifteen (15) 1 pages. 2 briefs to circumvent this rule. 3 The parties are also cautioned against filing multiple Where the parties bring motions for summary judgment, the 4 court 5 undisputed 6 reserved 7 reservation. will deem under and facts Fed. that which R. Civ. party 8 ALL PURELY LEGAL 9 PRETRIAL MOTION AND apparently P. 56(e), tenders ISSUES A are FAILURE unless evidence ARE TO TO BE MAKE undisputed specifically to support RESOLVED SUCH as A BY the TIMELY MOTION WILL 10 ORDINARILY 11 COUNSEL ARE CAUTIONED THAT IF ANY LEGAL ISSUE THAT SHOULD HAVE 12 BEEN TENDERED TO THE COURT BY PRETRIAL MOTION MUST BE RESOLVED BY 13 THE COURT AFTER LAW AND MOTION CUTOFF, FOR INSTANCE WHERE THE 14 ISSUE 15 AGAINST COUNSEL WHO FAIL TO TIMELY FILE AN APPROPRIATE MOTION. 16 IS BE VIEWED AS JURISDICTION, Counsel are A WAIVER AT SUBSTANTIAL further reminded THE TIME SANCTIONS that OF PRETRIAL. WILL motions in BE LEVIED limine are 17 procedural devices 18 evidence. COUNSEL ARE CAUTIONED THAT THE COURT WILL LOOK WITH 19 DISFAVOR 20 MOTIONS IN LIMINE UPON designed SUBSTANTIVE to address MOTIONS the PRESENTED admissibility IN THE GUISE of OF AT THE TIME OF TRIAL. 21 DISCOVERY 22 No modifications of the discovery requirements found in the 23 24 Federal Rules is ordered. All discovery is left open, save and except that it shall be 25 so conducted as to be completed by January 1, 2015. 26 "completed" means that all discovery shall have been conducted so 27 that all depositions have been taken and any disputes relative to 28 discovery shall have been resolved 4 by appropriate The word order if 1 necessary and, where discovery has been ordered, the order has 2 been complied with. 3 on the magistrate judge's calendar in accordance with the local 4 rules of this court and so that such motions will be heard not 5 later than December 1, 2014. 6 designate in writing and file with the court and serve upon all 7 other parties a final list of the names of all experts that they 8 propose to tender at trial not later than thirty (30) days before 9 the close of Motions to compel discovery must be noticed discovery In this regard, all counsel are to herein established. All designated 10 experts shall submit written reports which counsel shall exchange 11 at the time of designation. 12 comply 13 designated are to be fully prepared to render an informed opinion 14 at the time of designation so that they may fully participate in 15 any deposition taken by the opposing party. 16 permitted to testify at the trial as to any information gathered 17 or 18 subsequent to designation. 19 with Fed. evaluated, R. Civ. or The contents of the report must P. opinion 26 (a)(2)(B). formed, All experts so Experts will not be after deposition taken An expert witness not appearing on said lists will not be 20 permitted 21 demonstrates: 22 have 23 exchanged; 24 notified upon discovery of the witness; and (c) that the witness 25 was promptly proffered for deposition. been to testify the party offering the witness (a) that the necessity of the witness could not reasonably (b) unless the anticipated court and at the opposing time counsel the lists were were promptly 26 MID-LITIGATION STATEMENTS 27 Not later than fourteen (14) days prior to the close of 28 discovery, all parties shall file with the court and serve on all 5 1 other parties a brief statement summarizing all law and motion 2 practice heard by the court as of the date of the filing of the 3 statement, whether the court has disposed of the motion at the 4 time the statement is filed and served, and the likelihood that 5 any further motions will be noticed prior to the close of law and 6 motion. 7 parties 8 appropriate motions as set forth above. 9 The filing of this statement shall not relieve the or counsel of their obligation to timely notice all FINAL PRETRIAL CONFERENCE 10 The Final Pretrial Conference is SET for June 1, 2015, at 11 1:30 12 Pretrial will in fact try the matter. p.m. Counsel are cautioned that counsel appearing for 13 Counsel for all parties are to be fully prepared for trial 14 at the time of the Pretrial Conference, with no matters remaining 15 to 16 testimony. 17 relating 18 Statements. In addition to those subjects listed in Local Rule 19 281(b), the parties 20 concise statement 21 tendered to the court, and its resolution. 22 WITH LOCAL RULES 280 AND 281 WILL BE GROUNDS FOR SANCTIONS. be accomplished except production of witnesses for oral Counsel are referred to Local Rules 280 and 281 to the contents are which to of and provide identifies time the every for court filing with Pretrial a plain, non-discovery motion A FAILURE TO COMPLY 23 The parties shall file Separate Pretrial Statements, the 24 contents and timing of which are set forth in Local Rule 281, 25 except that the parties are to prepare a JOINT STATEMENT with 26 respect to the undisputed facts and disputed factual issues of 27 the case. 28 are reminded to include in their joint statement all disputed and See Local Rule 281(b)(3), (4), and (6). 6 The parties 1 undisputed special factual information as required by Local Rule 2 281(b)(6). 3 Joint Statement of Undisputed Facts and Disputed Factual Issues 4 is to be filed with the court concurrently with the filing of 5 plaintiff's Pretrial Statement. 6 Notwithstanding the provisions of Local Rule 281, the The undisputed facts and disputed factual issues are to be 7 set forth in two separate sections. 8 should identify first the general facts relevant to all causes of 9 action. In each section, the parties After identifying the general facts, the parties should 10 then identify those facts which are relevant to each separate 11 cause of action. 12 individual fact or factual issue. 13 to agree as to what factual issues are properly before the court 14 for 15 "DISPUTED 16 parties and explain by parenthetical the controversy concerning 17 each issue. 18 include the following introductory language: 19 . ." 20 should relate or correspond to an element of the relevant cause 21 of action. 22 will be read to the jury. 23 trial, they FACTUAL In this regard, the parties are to number each should Where the parties are unable nevertheless ISSUES" all issues list in asserted the by section any of on the Each individual disputed fact or factual issue shall "Whether or not . . The parties should keep in mind that, in general, each fact If the case is tried to a jury, the undisputed facts Pursuant to Local Rule 281(b)(10) and (11), the parties are 24 required 25 witnesses and exhibits that they propose to proffer at trial, no 26 matter for what purpose. 27 the Pretrial Statement itself, but shall be attached as separate 28 documents to be used as addenda to the Final Pretrial Order. to provide in their Pretrial Statements a list of These lists shall not be contained in 7 1 Plaintiff's 2 exhibits shall be listed alphabetically. 3 alphabet is exhausted, defendants' exhibits shall be marked "2A- 4 2Z, 3A-3Z, etc." 5 standard for the proffering of witnesses and exhibits at trial 6 not listed in the Pretrial Order. 7 standard 8 listing of exhibits or witnesses which counsel do not intend to 9 call or use will be viewed as an abuse of the court's processes. exhibits will shall be listed numerically; defendants' In the event that the The Pretrial Order will contain a stringent be strictly Counsel are cautioned that the applied. On the other hand, the 10 Pursuant to Local Rule 281(b)(12), a party is required to 11 provide a list of all answers to interrogatories and responses to 12 requests for admission that the party expects to offer at trial. 13 This list should include only those documents or portions thereof 14 which the party expects to offer in its case-in-chief. 15 otherwise barred by a rule of evidence or order of this court, 16 the parties remain free to tender appropriate discovery documents 17 during 18 impeachment or memory refreshment. 19 trial Pursuant for to such Local purposes Rule as, 281(b)(8), but not the parties' Unless limited to, Pretrial 20 Statements 21 Each party shall commence this section by specifying as to each 22 claim whether federal or state law governs, and if state law, the 23 state whose law is applicable. shall contain a "statement of legal theory, etc." 24 Counsel are also reminded that, pursuant to Fed. R. Civ. P. 25 16, it will be their duty at the Pretrial Conference to aid the 26 court in (a) formulation and simplification of issues and the 27 elimination 28 facts which should be properly admitted; and (c) the avoidance of of frivolous claims 8 or defenses; (b) settling of 1 unnecessary proof and cumulative evidence. 2 their Pretrial Statements, and participate in good faith at the 3 Pretrial Conference, with these aims in mind. A FAILURE TO DO SO 4 MAY which 5 monetary 6 claims or defenses, or such other sanctions as the court deems 7 appropriate. RESULT IN THE IMPOSITION sanctions, orders of Counsel must prepare SANCTIONS precluding proof, may include eliminations 8 TRIAL SETTING 9 Trial is SET for September 1, 2015, at 10:30 a.m. of 10 will be by jury. 11 Trial trial will take approximately seven (7) days. The parties represent in good faith that the 12 SETTLEMENT CONFERENCE 13 A Settlement Conference will be set before a judge other 14 15 than the trial judge at the time of the Pretrial Conference. Counsel are cautioned to have a principal capable of 16 disposition present at the Settlement Conference or to be fully 17 authorized 18 Settlement Conference. to settle the matter on any terms and at the 19 MISCELLANEOUS PROVISIONS 20 The parties are reminded that pursuant to Fed. R. Civ. P. 21 16(b), 22 modified except by leave of court upon a showing of good cause. 23 Counsel are cautioned that changes to any of the scheduled dates 24 will necessarily result in changes to all other dates. 25 even where good cause has been shown, the court will not grant a 26 request to change the discovery cutoff date without modifying the 27 pretrial and trial dates. 28 the Status (pretrial scheduling) Order shall not be Thus, Agreement by the parties pursuant to stipulation does not 9 1 constitute good cause. Nor does the unavailability of witnesses 2 or extraordinary 3 good cause. counsel, except in circumstances, constitute 4 The parties are reminded of their continuing obligation to 5 supplement their statements relative to the identification of 6 parent corporations and any publicly held company that owns 10% 7 or more of the party's stock within a reasonable time of any 8 change in the information. 9 The parties are admonished that they are not to cite or 10 refer to any of the quotations inscribed in the pavers on the 11 front plaza of the United States Courthouse in any written or 12 oral presentation to the court or a jury. 13 There appear to be no other matters presently pending before 14 the court that will aid the just and expeditious disposition of 15 this matter. 16 IT IS SO ORDERED. 17 DATED: January 13, 2014. 18 19 20 21 22 23 24 25 26 27 28 10

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