Espinoza v. City of Tracy et al

Filing 47

STATUS (PRETRIAL SCHEDULING) ORDER signed by Senior Judge William B. Shubb on 4/3/17: Discovery due by 4/24/2017. Dispositive Motions filed by 4/16/2018. Final Pretrial Conference set for 6/18/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Jury Trial set for 8/7/2018 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kaminski, H)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 JUAN ESPINOZA, 13 CIV. NO. 2:15-751 WBS KJN Plaintiff, 14 v. 15 CITY OF TRACY, CHIEF OF POLICE GARY HAMPTON, R. LEON CHURCHILL, JR., AND DOES 1 through 40, inclusive, 16 17 Defendants. 18 ----oo0oo---- 19 STATUS (PRETRIAL SCHEDULING) ORDER After reviewing the parties’ Joint Status Report, the 20 21 court hereby vacates the Status (Pretrial Scheduling) Conference 22 scheduled for April 10, 2017, and makes the following findings 23 and orders without needing to consult with the parties any 24 further. 25 I. SERVICE OF PROCESS 26 The named defendants have been served, and no further 27 service is permitted without leave of court, good cause having 28 been shown under Federal Rule of Civil Procedure 16(b). 1 1 II. 2 No further joinder of parties or amendments to JOINDER OF PARTIES/AMENDMENTS 3 pleadings will be permitted by any party except with leave of 4 court, good cause having been shown under Federal Rule of Civil 5 Procedure 16(b). 6 F.2d 604 (9th Cir. 1992). See Johnson v. Mammoth Recreations, Inc., 975 7 III. JURISDICTION/VENUE 8 Jurisdiction is predicated upon federal question 9 jurisdiction, 28 U.S.C. § 1331, because plaintiff’s claims arise 10 under 42 U.S.C. § 1983. Venue is undisputed and is hereby found 11 to be proper. 12 IV. 13 The parties agree to serve the initial disclosures DISCOVERY 14 required by Federal Rule of Civil Procedure 26(a)(1) by no later 15 than April 24, 2017. 16 The parties shall disclose experts and produce reports 17 in accordance with Federal Rule of Civil Procedure 26(a)(2) by no 18 later than January 29, 2018. 19 intended solely for rebuttal, those experts shall be disclosed 20 and reports produced in accordance with Federal Rule of Civil 21 Procedure 26(a)(2) on or before February 20, 2018. 22 With regard to expert testimony Fact discovery shall be so conducted as to be completed 23 by January 8, 2018. All other discovery, including depositions 24 for preservation of testimony, is left open, save and except that 25 it shall be so conducted as to be completed by March 15, 2018. 26 The word “completed” means that all discovery shall have been 27 conducted so that all depositions have been taken and any 28 disputes relevant to discovery shall have been resolved by 2 1 appropriate order if necessary and, where discovery has been 2 ordered, the order has been obeyed. 3 discovery must be noticed on the magistrate judge’s calendar in 4 accordance with the local rules of this court and so that such 5 motions may be heard (and any resulting orders obeyed) not later 6 than March 15, 2018. All motions to compel 7 V. 8 All motions, except motions for continuances, temporary 9 MOTION HEARING SCHEDULE restraining orders, or other emergency applications, shall be 10 filed on or before April 16, 2018.1 11 for the next available hearing date. 12 refer to the local rules regarding the requirements for noticing 13 and opposing such motions on the court’s regularly scheduled law 14 and motion calendar. All motions shall be noticed Counsel are cautioned to 15 VI. FINAL PRETRIAL CONFERENCE 16 The Final Pretrial Conference is set for June 18, 2018, 17 at 1:30 p.m. in Courtroom No. 5. 18 attended by at least one of the attorneys who will conduct the 19 trial for each of the parties and by any unrepresented parties. 20 The conference shall be Counsel for all parties are to be fully prepared for 21 trial at the time of the Pretrial Conference, with no matters 22 remaining to be accomplished except production of witnesses for 23 oral testimony. 24 and are referred to Local Rules 281 and 282 relating to the 25 26 27 28 1 Counsel shall file separate pretrial statements, The parties requested a dispositive motion deadline after the end of fact discovery but prior to the end of expert discovery. Because it is uncertain whether the expert’s testimony will have any bearing on a summary judgment motion, the court has set the dispositive motion deadline after expert discovery. 3 1 contents of and time for filing those statements. 2 those subjects listed in Local Rule 281(b), the parties are to 3 provide the court with: (1) a plain, concise statement which 4 identifies every non-discovery motion which has been made to the 5 court, and its resolution; (2) a list of the remaining claims as 6 against each defendant; and (3) the estimated number of trial 7 days. 8 9 In addition to In providing the plain, concise statements of undisputed facts and disputed factual issues contemplated by 10 Local Rule 281(b)(3)-(4), the parties shall emphasize the claims 11 that remain at issue, and any remaining affirmatively pled 12 defenses thereto. 13 parties shall also prepare a succinct statement of the case, 14 which is appropriate for the court to read to the jury. If the case is to be tried to a jury, the 15 VII. TRIAL SETTING 16 The jury trial is set for August 7, 2018, at 9:00 a.m. 17 The parties estimate that a jury trial will last four to seven 18 days. 19 VIII. SETTLEMENT CONFERENCE 20 A Settlement Conference will be set at the time of the 21 Pretrial Conference. 22 the court whether they will stipulate to the trial judge acting 23 as settlement judge and waive disqualification by virtue thereof. 24 All parties should be prepared to advise Counsel are instructed to have a principal with full 25 settlement authority present at the Settlement Conference or to 26 be fully authorized to settle the matter on any terms. 27 seven calendar days before the Settlement Conference counsel for 28 each party shall submit a confidential Settlement Conference 4 At least 1 Statement for review by the settlement judge. 2 judge is not the trial judge, the Settlement Conference 3 Statements shall not be filed and will not otherwise be disclosed 4 to the trial judge. If the settlement 5 IX. MODIFICATIONS TO SCHEDULING ORDER 6 Any requests to modify the dates or terms of this 7 Scheduling Order, except requests to change the date of the 8 trial, may be heard and decided by the assigned Magistrate Judge. 9 All requests to change the trial date shall be heard and decided 10 only by the undersigned judge. 11 Dated: April 3, 2017 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5

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