Johnson v. Mcilrath et al
Filing
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INITIAL PRETRIALSCHEDULING ORDER signed by District Judge Morrison C. England, Jr., on 8/31/17. This Initial Pretrial Scheduling Order will become final without further order of the Court unless objections are filed within 60 days of service on all defendant(s). The Stay ORDERED on 2/24/15, is hereby LIFTED. (Kastilahn, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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SCOTT JOHNSON,
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Plaintiff,
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No. 2:15-cv-00180-MCE-DB
v.
JAY C. MCILRATH, et al.,
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INITIAL PRETRIAL
SCHEDULING ORDER
Defendants.
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This action is assigned to the Honorable Morrison C. England, Jr. Pursuant to the
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provisions of Rule 16 of the Federal Rules of Civil Procedure, IT IS HEREBY
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ORDERED:
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I.
Within sixty (60) days1 of this Order the parties shall meet and confer as required
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DISCOVERY
by Federal Rule of Civil Procedure 26(f) regarding their discovery plan.
All discovery, with the exception of expert discovery, shall be completed no later
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than three hundred sixty-five (365) days from the date of this Order.
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The parties shall refer to Federal Rule of Civil Procedure 6(a) in computing the time periods
specified in this Order.
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In this context, “completed” means that all discovery shall have been conducted so that
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all depositions have been taken and any disputes relative to discovery shall have been
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resolved by appropriate order if necessary and, where discovery has been ordered, the
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order has been obeyed. All motions to compel discovery must be noticed on the
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magistrate judge’s calendar in accordance with the Local Rules.2
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II.
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DISCLOSURE OF EXPERT WITNESSES
All counsel are to designate in writing and serve upon all other parties the name,
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address, and area of expertise of each expert that they propose to tender at trial not later
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than sixty (60) days after the close of discovery. The designation shall be accompanied
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by a written report prepared and signed by the witness. The report shall comply with
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Federal Rule of Civil Procedure 26(a)(2)(B).
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Within thirty (30) days after the designation of expert witnesses, any party may
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designate a supplemental list of expert witnesses who will express an opinion on a
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subject covered by an expert designated by an adverse party. The right to designate a
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supplemental expert for rebuttal purposes only shall apply to a party who has not
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previously disclosed an expert witness on the date set for expert witness disclosure by
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this Order.
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Failure of a party to comply with the disclosure schedule as set forth above in all
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likelihood will preclude that party from calling the expert witness at the time of trial. An
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expert witness not appearing on the designation will not be permitted to testify unless the
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party offering the witness demonstrates: (a) good cause for the party’s failure to
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designate the expert witness in accordance with this Order; (b) that the Court and
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opposing counsel were promptly notified upon discovery of the witness; and (c) that the
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witness was promptly made available for deposition.
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A copy of the current Local Rules is available at http://www.caed.uscourts.gov/caednew/index.cfm/rules/local-
rules/
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For purposes of this Order, an “expert” is any person who may be used at trial to
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present evidence under Federal Rules of Evidence 702, 703, and 705, which include
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both “percipient experts” (persons who, because of their expertise, have rendered expert
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opinions in the normal course of their work duties or observations pertinent to the issues
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in the case) and “retained experts” (persons specifically designated by a party to be a
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testifying expert for the purposes of litigation).
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Each party shall identify whether a disclosed expert is percipient, retained, or
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both. It will be assumed that a party designating a retained expert has acquired the
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express permission of the witness to be so listed. Parties designating percipient experts
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must state in the designation who is responsible for arranging the deposition of such
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persons.
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All experts designated are to be fully prepared at the time of designation to render
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an informed opinion, and given their bases for their opinion, so that they will be able to
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give full and complete testimony at any deposition taken by the opposing party. Experts
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will not be permitted to testify at the trial as to any information gathered or evaluated, or
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opinion formed, after deposition taken subsequent to designation.
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Counsel are instructed to complete all discovery of expert witnesses in a timely
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manner in order to comply with the Court’s deadline for filing dispositive motions.
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III.
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DISPOSITIVE MOTIONS
The parties shall file dispositive motions no later than one hundred eighty (180)
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days after the close of non-expert discovery. All papers should be filed in conformity
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with the Local Rules. Absent leave of the Court, all issues the parties wish to resolve on
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summary judgment must be raised together in one (1) motion or cross-motion. Should
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the parties wish to file additional motions for summary judgment, they must seek leave of
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the Court.
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All purely legal issues are to be resolved in timely pretrial motions. When
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appropriate, failure to comply with Local Rules 230 and 260, as modified by this Order,
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may be deemed consent to the motion and the Court may dispose of the motion
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summarily. With respect to motions for summary judgment, failure to comply with Local
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Rules 230 and 260, as modified by this Order, may result in dismissal for failure to
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prosecute (or failure to defend) pursuant to this Court’s inherent authority to control its
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docket and or Federal Rule of Civil Procedure 41(b). Further, failure to timely oppose a
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summary judgment motion3 may result in the granting of that motion if the movant shifts
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the burden to the nonmovant to demonstrate that a genuine issue of material fact
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remains for trial.
The Court places a page limit for points and authorities (exclusive of exhibits and
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other supporting documentation) of twenty (20) pages on all initial moving papers, twenty
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(20) pages on oppositions, and ten (10) pages for replies. Sur-replies are viewed with
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disfavor and will only be considered upon a showing of good cause. All requests for
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page limit increases must be made in writing with a proposed order setting forth any and
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all reasons for any increase in page limit at least seven (7) days prior to the filing of the
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motion.
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The parties are directed to the Court’s website for available hearing dates and
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Judge England’s standard procedures. (www.caed.uscourts.gov – select “Judges” –
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select “Judge England” – select “Standard Information”).
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Citations to the Supreme Court Lexis database shall include parallel citations to
the Westlaw database.
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The parties are reminded that a motion in limine is a pretrial procedural device
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designated to address the admissibility of evidence. The Court will look with disfavor
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upon dispositional motions presented at the Final Pretrial Conference or at trial in the
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guise of motions in limine.
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The Court urges any party that contemplates bringing a motion for summary judgment or who
must oppose a motion for summary judgment to review Local Rule 260.
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The parties are cautioned that failure to raise a dispositive legal issue that could
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have been tendered to the Court by proper pretrial motion prior to the dispositive motion
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cut-off date may constitute waiver of such issue.
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IV.
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TRIAL SETTING
The parties are ordered to file a Joint Notice of Trial Readiness not later than
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thirty (30) days after receiving this Court’s ruling(s) on the last filed dispositive motion(s).
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If the parties do not intend to file dispositive motions, the parties are ordered to file a
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Joint Notice of Trial Readiness not later than thirty (30) days after the close of the
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designation of supplemental expert witnesses and the notice must include statements of
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intent to forgo the filing of dispositive motions.
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The parties are to set forth in their Notice of Trial Readiness, the appropriateness
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of special procedures, whether this case is related to any other case(s) on file in the
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Eastern District of California, the prospect for settlement, their estimated trial length, any
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request for a jury, and their availability for trial. The parties’ Notice of Trial Readiness
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Statement shall also estimate how many court days each party will require to present its
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case, including opening statements and closing arguments. Plaintiff’s estimate shall
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also include the time necessary for jury selection, and Defendant’s estimate shall include
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the time necessary to finalize jury instructions and instruct the jury.
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This Court is in session for jury selection, opening statements, presentation of
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evidence, closing arguments, finalizing proposed jury instructions and verdict forms, and
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instruction of the jury Monday through Wednesday, only.
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During trial days, the Court adheres to the following schedule:
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Trial: 9:00—10:30 A.M.
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Break: 10:30—10:50 A.M.
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Trial: 10:50—12:00 P.M.
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Lunch: 12:00—1:30 P.M.
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Trial: 1:30—3:00 P.M.
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Break: 3:00—3:20 P.M.
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Trial: 3:20—4:30 P.M.
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Jury deliberations only are Monday through Friday if necessary.
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After review of the parties’ Joint Notice of Trial Readiness, the Court will issue an
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order that sets forth dates for a final pretrial conference and trial.
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V.
SETTLEMENT CONFERENCE
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If the parties agree to a settlement conference, a magistrate judge will be
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randomly assigned to the case to preside over the settlement conference. If the parties
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specifically request that the assigned District Judge or Magistrate Judge conduct the
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settlement conference, the parties shall file the appropriate waiver of disqualification in
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accordance with Local Rule 270(b). If the parties elect to participate in the Voluntary
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Dispute Resolution Program (VDRP), a stipulation of election is required pursuant to
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Local Rule 271. See, Attachments 2-1 and 2-2 of this Order.
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In accordance with Local Rule 160, counsel are to immediately file a notice of
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settlement or other disposition of this case.
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VI.
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MODIFICATION OF INITIAL PRETRIAL SCHEDULING ORDER
The parties are reminded that pursuant to Rule 16(b) of the Federal Rules of Civil
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Procedure, the Initial Pretrial Scheduling Order shall not be modified except by leave of
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court upon a showing of good cause. Agreement by the parties pursuant to stipulation
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alone to modify the Initial Pretrial Scheduling Order does not constitute good cause.
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Except in extraordinary circumstances, unavailability of witnesses or counsel will not
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constitute good cause.
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VII.
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COURTESY COPIES
No party shall submit paper courtesy copies of pleadings or exhibits to the Court
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unless expressly ordered to do so.
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VIII.
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OBJECTIONS TO INITIAL PRETRIAL SCHEDULING ORDER
This Initial Pretrial Scheduling Order will become final without further order of the
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Court unless objections are filed within sixty (60) days of service on all defendant(s). It is
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further ordered the Stay ordered on February 24, 2015, is lifted.
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Dated: August 31, 2017
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