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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JUAN ESPINOZA,

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CIV. NO. 2:15-751 WBS KJN

Plaintiff,

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v.

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CITY OF TRACY, CHIEF OF POLICE
GARY HAMPTON, R. LEON
CHURCHILL, JR., AND DOES 1
through 40, inclusive,

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Defendants.

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STATUS (PRETRIAL SCHEDULING) ORDER
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 April 10, 2017, and makes the following findings

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and orders without needing to consult with the parties any

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further.

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I.

SERVICE OF PROCESS

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The named defendants have been served, and no further

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service is permitted without leave of court, good cause having

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been shown under Federal Rule of Civil Procedure 16(b).
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II.

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No further joinder of parties or amendments to

JOINDER OF PARTIES/AMENDMENTS

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pleadings will be permitted by any party except with leave of

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court, good cause having been shown under Federal Rule of Civil

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Procedure 16(b).

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F.2d 604 (9th Cir. 1992).

See Johnson v. Mammoth Recreations, Inc., 975

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III. JURISDICTION/VENUE

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Jurisdiction is predicated upon federal question

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jurisdiction, 28 U.S.C. § 1331, because plaintiff’s claims arise

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under 42 U.S.C. § 1983.

Venue is undisputed and is hereby found

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to be proper.

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IV.

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The parties agree to serve the initial disclosures

DISCOVERY

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

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than April 24, 2017.

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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 January 29, 2018.

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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 February 20, 2018.

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With regard to expert testimony

Fact discovery shall be so conducted as to be completed

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by January 8, 2018.

All other discovery, including depositions

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for preservation of testimony, is left open, save and except that

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it shall be so conducted as to be completed by March 15, 2018.

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The word “completed” means that all discovery shall have been

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conducted so that all depositions have been taken and any

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disputes relevant to discovery shall have been resolved by
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appropriate order if necessary and, where discovery has been

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ordered, the order has been obeyed.

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discovery must be noticed on the magistrate judge’s calendar in

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accordance with the local rules of this court and so that such

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motions may be heard (and any resulting orders obeyed) not later

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than March 15, 2018.

All motions to compel

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V.

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All motions, except motions for continuances, temporary

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MOTION HEARING SCHEDULE

restraining orders, or other emergency applications, shall be

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filed on or before April 16, 2018.1

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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.

All motions shall be noticed
Counsel are cautioned to

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VI.

FINAL PRETRIAL CONFERENCE

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The Final Pretrial Conference is set for June 18, 2018,

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at 1:30 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.

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

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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.
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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
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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The jury trial is set for August 7, 2018, at 9:00 a.m.

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The parties estimate that a jury trial will last four to seven

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days.

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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

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each party shall submit a confidential Settlement Conference
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At least

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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:

April 3, 2017

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