Hoffmann v. Corning Police Department

Filing 113

FURTHER SCHEDULING ORDER signed by Magistrate Judge Kendall J. Newman on 3/6/2018: Discovery is CLOSDED; Law and Motion is CLOSED; Plaintiff's pretrial statement due on or before 5/4/2018; Defendants' pretrial statement due on or before 5/2 5/2018; Pretrial conference is set for 6/22/2018, before Magistrate Judge Kendall J. Newman, to be conducted on the file only; this matter is set for a Status Re: Trial Setting on 3/7/2019 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr.; and the Clerk shall send the parties the form Consent to Proceed Before a US Magistrate Judge. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBIN LEE HOFFMANN,

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Plaintiff,

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v.

No. 2:14-cv-2736 MCE KJN P

FURTHER SCHEDULING ORDER

JUSTIN JOURDAN, et al.,
Defendants.

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This action proceeds solely on plaintiff’s claims that defendants Bassett, Jourdan, and Hill

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allegedly used excessive force on December 12, 2013, in violation of the Fourth Amendment;

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whether defendant Fears failed to protect plaintiff during the incident; and whether defendants

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Bassett, Jourdan, and Hill committed assault and battery on plaintiff in violation of California

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state law. The parties have addressed settlement, and it appears inappropriate to set a settlement

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conference at this time. Thus, the court sets a further schedule for this litigation.

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The parties will be required to file pretrial statements in accordance with the schedule set

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forth below, and are cautioned to limit their statements to the claims remaining for trial, as

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identified above. As set forth in this court’s initial scheduling order, in addition to the matters

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already required to be addressed in the pretrial statement in accordance with Local Rule 281,

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plaintiff must make a particularized showing in the pretrial statement in order to obtain the

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attendance of witnesses. Plaintiff is advised that failure to comply with the procedures set forth
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below may result in the preclusion of any and all witnesses named in the pretrial statement.

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At the trial of this case, the plaintiff must be prepared to introduce evidence to prove each

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of the alleged facts that support the claims raised in the lawsuit. In general, there are two kinds of

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trial evidence: (1) exhibits; and (2) the testimony of witnesses. It is the plaintiff’s responsibility

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to produce all of the evidence to prove the case, whether that evidence is in the form of exhibits

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or witness testimony. If the plaintiff wants to call witnesses to testify, plaintiff must follow

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certain procedures to ensure that the witnesses will be at the trial and available to testify. The

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procedures are detailed in the November 7, 2017 order. (ECF No. 86 at 2-4.) Because it does not

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appear that plaintiff intends to call any incarcerated witnesses, only the procedures for

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unincarcerated witnesses are set forth below.

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I.

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Procedures for Obtaining Attendance of Unincarcerated Witnesses Who Agree to
Testify Voluntarily

It is the responsibility of the party who has secured an unincarcerated witness’ voluntary

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attendance to notify the witness of the time and date of trial. No action need be sought or

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obtained from the court.

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II.

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Procedures for Obtaining Attendance of Unincarcerated Witnesses Who Refuse to
Testify Voluntarily

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If a prospective witness is not incarcerated, and he or she refuses to testify voluntarily, not

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earlier than four weeks and not later than two weeks before trial, the party must prepare and

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submit to the United States Marshal a subpoena for service by the Marshal upon the witness.

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Also, the party seeking the witness’ presence must tender an appropriate sum of money to the

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witness through the United States Marshal. In the case of an unincarcerated witness, the

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appropriate sum of money is the daily witness fee of $40.00 plus the witness’ travel expenses.

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A subpoena will not be served by the United States Marshal upon an unincarcerated

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witness unless the subpoena is accompanied by a money order made payable to the witness for

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the full amount of the witness’ travel expenses plus the daily witness fee of $40.00. As noted

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earlier, because no statute authorizes the use of public funds for these expenses in civil cases, the

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tendering of witness fees and travel expenses is required even if the party was granted leave to

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proceed in forma pauperis.

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III. Consent to the Magistrate Judge’s Jurisdiction

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The parties have not consented to the magistrate judge’s jurisdiction for all purposes

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pursuant to 28 U.S.C. § 636(c), and they are under no obligation to do so. However, if the parties

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voluntarily elect to so consent, they may file appropriate consent forms with the court. If the

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parties consent, it is likely a jury trial date could be set before the end of 2018.

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Good cause appearing, pursuant to Fed. R. Civ. P. 16(b), THIS COURT ORDERS AS
FOLLOWS:

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1. Discovery is closed.

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2. Law and motion is closed.

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3. Plaintiff shall file and serve a pretrial statement on or before May 4, 2018. Defendants

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shall file a pretrial statement on or before May 25, 2018. The parties are advised that failure to

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file a pretrial statement may result in the imposition of sanctions, including dismissal of this

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action.

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4. Pretrial conference (as described in Local Rule 282) is set in this case for June 22,

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2018, before the undersigned. The pretrial conference shall be conducted on the file only,

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without appearance by either party.

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5. Due to the district court’s trial schedule for the remainder of 2018 and the beginning of

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2019, this matter is set for a Status Re: Trial Setting on March 7, 2019, at 2:00 p.m., in courtroom

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7 and the parties shall file a Joint Status Report not later than ten (10) days before this hearing.

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To expedite resolution of this matter, the parties are reminded of Local Rule 305(a) and may

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consent to trial before a Magistrate Judge. The parties may request referral to settlement

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conference before a Magistrate Judge.

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6. The Clerk of the Court shall send the parties the form Consent to Proceed Before a

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United States Magistrate Judge.

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Dated: March 6, 2018

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/hoff2736.41sjd2

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