Haynes, et al v. Johnson, et al

Filing 10

STATUS (PRETRIAL SCHEDULING) ORDER signed by Senior Judge William B. Shubb on 7/15/15: Discovery due by 8/21/2015. Dispositive Motions filed by 6/24/2016. Final Pretrial Conference set for 9/12/2016 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Jury Trial set for 11/8/2016 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SYLVIA HAYNES, successor-ininterest to Donald Ray
Haynes, ANNTIONETT HAYNES,
THE ESTATE OF DONALD RAY
HAYNES,
Plaintiffs,

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NO. CIV. 2:15-00565 WBS CKD

v.
ROBERT JOHNSON, individually
and in his official capacity
as a police officer for the
City of Stockton Police
Department; WILLIAM KAMBIC,
individually and in his
official capacity as a police
officer for the City of
Stockton Police Department;
DANA MOSHER, individually;
RYAN MORRIS, individually and
in his official capacity as a
police officer for the City
of Stockton Police
Department; and DOES 1-25,
inclusive, individually,
jointly, and severally,
Defendants.

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STATUS (PRETRIAL SCHEDULING) ORDER

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After reviewing the parties’ Joint Status Report, the

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court hereby vacates the Status (Pretrial Scheduling) Conference

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scheduled for July 20, 2015, and makes the following findings and

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orders without needing to consult with the parties any further.

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I.

SERVICE OF PROCESS

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All named defendants have been served except for

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William Kambic.

Plaintiff states that service was refused by the

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Stockton Police Department for William Kambic, and that plaintiff

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will continue to locate him for service.

Plaintiff shall serve

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defendant Kambic no later than August 30, 2015.

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II.

JOINDER OF PARTIES/AMENDMENTS

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No further joinder of parties or amendments to

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pleadings will be permitted except with leave of court, good

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cause having been shown under Federal Rule of Civil Procedure

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16(b).

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(9th Cir. 1992).

See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604

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III. JURISDICTION/VENUE

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Jurisdiction is predicated upon 28 U.S.C. § 1331

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because the action arises under 42 U.S.C. § 1983.

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Venue is

undisputed and is hereby found to be proper.

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IV.

DISCOVERY

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Parties shall serve initial disclosures required by

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Federal Rule of Civil Procedure 26(a)(1) by no later than August

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21, 2015.

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The parties shall disclose experts and produce reports

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in accordance with Federal Rule of Civil Procedure 26(a)(2) by no

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later than March 25, 2016.

With regard to expert testimony
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intended solely for rebuttal, those experts shall be disclosed

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and reports produced in accordance with Federal Rule of Civil

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Procedure 26(a)(2) on or before April 22, 2016.

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All discovery, including depositions for preservation

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of testimony, is left open, save and except that it shall be so

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conducted as to be completed by May 6, 2016.

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“completed” means that all discovery shall have been conducted so

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that all depositions have been taken and any disputes relevant to

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discovery shall have been resolved by appropriate order if

The word

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necessary and, where discovery has been ordered, the order has

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been obeyed.

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the magistrate judge’s calendar in accordance with the local

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rules of this court and so that such motions may be heard (and

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any resulting orders obeyed) not later than May 6, 2016.

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All motions to compel discovery must be noticed on

The parties stipulated to certain limitations on

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discovery different than those imposed by the federal rules.

In

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accordance with that stipulation, the parties are permitted up to

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fifteen depositions for each side.

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inspection shall be limited to twenty-five per party.

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for admission shall also be limited to twenty-five per party.

Requests for production and
Requests

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V.

MOTION HEARING SCHEDULE

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All motions, except motions for continuances, temporary

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restraining orders, or other emergency applications, shall be

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filed on or before June 24, 2016.

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for the next available hearing date.

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refer to the local rules regarding the requirements for noticing

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and opposing such motions on the court’s regularly scheduled law

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and motion calendar.
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All motions shall be noticed
Counsel are cautioned to

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VI.

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The Final Pretrial Conference is set for September 12,

FINAL PRETRIAL CONFERENCE

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2016, at 2:00 p.m. in Courtroom No. 5.

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attended by at least one of the attorneys who will conduct the

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trial for each of the parties and by any unrepresented parties.

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The conference shall be

Counsel for all parties are to be fully prepared for

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trial at the time of the Pretrial Conference, with no matters

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remaining to be accomplished except production of witnesses for

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oral testimony.

Counsel shall file separate pretrial statements,

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and are referred to Local Rules 281 and 282 relating to the

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contents of and time for filing those statements.

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those subjects listed in Local Rule 281(b), the parties are to

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provide the court with: (1) a plain, concise statement which

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identifies every non-discovery motion which has been made to the

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court, and its resolution; (2) a list of the remaining claims as

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against each defendant; and (3) the estimated number of trial

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days.

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In addition to

In providing the plain, concise statements of

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undisputed facts and disputed factual issues contemplated by

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Local Rule 281(b)(3)-(4), the parties shall emphasize the claims

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that remain at issue, and any remaining affirmatively pled

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defenses thereto.

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parties shall also prepare a succinct statement of the case,

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which is appropriate for the court to read to the jury.

If the case is to be tried to a jury, the

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VII.

TRIAL SETTING

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Plaintiffs have requested a trial by jury.

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trial is set for November 8, 2016, at 9:00 a.m.

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estimate that the trial will last seven to ten days.
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The jury

The parties

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VIII. SETTLEMENT CONFERENCE

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A Settlement Conference will be set at the time of the

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Pretrial Conference.

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the court whether they will stipulate to the trial judge acting

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as settlement judge and waive disqualification by virtue thereof.

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All parties should be prepared to advise

Counsel are instructed to have a principal with full

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settlement authority present at the Settlement Conference or to

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be fully authorized to settle the matter on any terms.

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seven calendar days before the Settlement Conference counsel for

At least

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each party shall submit a confidential Settlement Conference

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Statement for review by the settlement judge.

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judge is not the trial judge, the Settlement Conference

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Statements shall not be filed and will not otherwise be disclosed

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to the trial judge.

If the settlement

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IX.

MODIFICATIONS TO SCHEDULING ORDER

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Any requests to modify the dates or terms of this

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Scheduling Order, except requests to change the date of the

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trial, may be heard and decided by the assigned Magistrate Judge.

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All requests to change the trial date shall be heard and decided

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only by the undersigned judge.

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Dated:

July 15, 2015

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