Pitts v. City of Vallejo, et al.

Filing 18

STATUS (PRETRIAL SCHEDULING) ORDER signed by District Judge Kimberly J. Mueller on 9/19/2017. All discovery shall be completed by 6/1/2018. Designation of Expert Witnesses due by 7/6/2018, and rebuttal expert disclosures due by 7/27/2018. All expert discovery shall be completed by 8/24/2018. All dispositive motions, except motions for continuances, temporary restrainingorders or other emergency applications, shall be heard no later than 9/21/2018. (Kastilahn, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NICKOLAS PITTS, 12 Plaintiff, 13 14 No. 2:17-cv-0988 KJM DB v. STATUS (PRETRIAL SCHEDULING) CITY OF VALLEJO, et al., 15 ORDER Defendants. 16 17 An initial scheduling conference was held in this case on August 31, 2017. 18 19 Melissa Nold appeared for plaintiff; Kelly Trujillo appeared for defendants. Having reviewed the parties’ Joint Status Report filed on August 10, 2017, and 20 21 discussed a schedule for the case with counsel at the hearing, the court makes the following 22 orders: 23 I. SERVICE OF PROCESS All named defendants have been served and no further service is permitted without 24 25 leave of court, good cause having been shown. 26 II. 27 28 ADDITIONAL PARTIES/AMENDMENTS/PLEADINGS The parties were directed to meet and confer regarding amending the complaint. The court has now granted the parties’ joint stipulation to amend. Any further joinder of parties 1 1 or amendments to pleadings is not permitted without leave of court, good cause having been 2 shown. See Fed. R. Civ. P. 16(b); Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir. 3 1992). 4 III. 5 JURISDICTION/VENUE Jurisdiction is predicated upon 42 U.S.C. §§ 1331 and 1343. Jurisdiction and 6 venue are not disputed. 7 IV. 8 9 DISCOVERY Initial disclosures as required by Federal Rule of Civil Procedure 26(a) shall have been completed by September 1, 2017. All discovery shall be completed by June 1, 2018. In 10 this context, “completed” means that all discovery shall have been conducted so that all 11 depositions have been taken and any disputes relative to discovery shall have been resolved by 12 appropriate order if necessary and, where discovery has been ordered, the order has been obeyed. 13 All motions to compel discovery must be noticed on the magistrate judge’s calendar in 14 accordance with the local rules of this court. While the assigned magistrate judge reviews 15 proposed discovery phase protective orders, requests to seal or redact are decided by Judge 16 Mueller as discussed in more detail below. In addition, while the assigned magistrate judge 17 handles discovery motions, the magistrate judge cannot change the schedule set in this order, 18 except that the magistrate judge may modify a discovery cutoff to the extent such modification 19 does not have the effect of requiring a change to the balance of the schedule. 20 V. 21 DISCLOSURE OF EXPERT WITNESSES All counsel are to designate in writing, file with the court, and serve upon all other 22 parties the name, address, and area of expertise of each expert that they propose to tender at trial 23 not later than July 6, 2018. The designation shall be accompanied by a written report prepared 24 and signed by the witness. The report shall comply with Fed. R. Civ. P. 26(a)(2)(B). By July 27, 25 2018, any party who previously disclosed expert witnesses may submit a supplemental list of 26 expert witnesses who will express an opinion on a subject covered by an expert designated by an 27 adverse party, if the party supplementing an expert witness designation has not previously 28 ///// 2 1 retained an expert to testify on that subject. The supplemental designation shall be accompanied 2 by a written report, which shall also comply with the conditions stated above. 3 Failure of a party to comply with the disclosure schedule as set forth above in all 4 likelihood will preclude that party from calling the expert witness at the time of trial. An expert 5 witness not appearing on the designation will not be permitted to testify unless the party offering 6 the witness demonstrates: (a) that the necessity for the witness could not have been reasonably 7 anticipated at the time the list was proffered; (b) that the court and opposing counsel were 8 promptly notified upon discovery of the witness; and (c) that the witness was promptly made 9 available for deposition. 10 For purposes of this scheduling order, an “expert” is any person who may be used 11 at trial to present evidence under Rules 702, 703 and 705 of the Federal Rules of Evidence, which 12 include both “percipient experts” (persons who, because of their expertise, have rendered expert 13 opinions in the normal course of their work duties or observations pertinent to the issues in the 14 case) and “retained experts” (persons specifically designated by a party to be a testifying expert 15 for the purposes of litigation). A party shall identify whether a disclosed expert is percipient, 16 retained, or both. It will be assumed that a party designating a retained expert has acquired the 17 express permission of the witness to be so listed. Parties designating percipient experts must state 18 in the designation who is responsible for arranging the deposition of such persons. 19 All experts designated are to be fully prepared at the time of designation to render 20 an informed opinion, and give the bases for their opinion, so that they will be able to give full and 21 complete testimony at any deposition taken by the opposing party. Experts will not be permitted 22 to testify at trial as to any information gathered or evaluated, or opinion formed, after deposition 23 taken subsequent to designation. All expert discovery shall be completed by August 24, 2018. 24 VI. MOTION HEARING SCHEDULE 25 All dispositive motions, except motions for continuances, temporary restraining 26 orders or other emergency applications, shall be heard no later than September 21, 2018.1 The 27 28 1 Note that this date may not correspond to a law and motion calendar date. 3 1 parties may obtain available hearing dates by checking Judge Mueller’s page on the court’s 2 website. 3 4 All purely legal issues are to be resolved by timely pretrial motions. Local Rule 230 governs the calendaring and procedures of civil motions; the following provisions also apply: 5 (a) The opposition and reply must be filed by 4:00 p.m. on the day due; and 6 (b) When the last day for filing an opposition brief falls on a legal holiday, the 7 opposition brief shall be filed on the last court day immediately preceding the legal holiday. 8 Failure to comply with Local Rule 230(c), as modified by this order, may be deemed consent to 9 the motion and the court may dispose of the motion summarily. Brydges v. Lewis, 18 F.3d 651, 10 11 652-53 (9th Cir. 1994). The court values the importance of training young attorneys. The parties are 12 encouraged to consider assigning oral argument to a young attorney. If a written request for oral 13 argument is filed before a hearing, stating an attorney of four or fewer years out of law school 14 will argue the oral argument, then the court will ordinarily hold the hearing, although the court’s 15 schedule and calendar may require the hearing to be reset. Otherwise, the court may find it 16 appropriate in some actions to submit a motion without oral argument. 17 The court places a page limit of twenty (20) pages on all moving papers, twenty 18 (20) pages on oppositions, and ten (10) pages for replies. All requests for page limit increases 19 must be made in writing at least fourteen (14) days prior to the filing of the motion. 20 Prior to filing a motion in a case in which the parties are represented by counsel, 21 counsel shall engage in a pre-filing meet and confer to discuss thoroughly the substance of the 22 contemplated motion and any potential resolution. Plaintiff’s counsel should carefully evaluate 23 the defendant’s contentions as to deficiencies in the complaint and in many instances the party 24 considering a motion should agree to any amendment that would cure a curable defect. Counsel 25 should discuss the issues sufficiently so that if a motion of any kind is filed, including for 26 summary judgment, the briefing is directed only to those substantive issues requiring resolution 27 by the court. Counsel should resolve minor procedural or other non-substantive matters during 28 the meet and confer. A notice of motion shall contain a certification by counsel filing the 4 1 motion that meet and confer efforts have been exhausted, with a brief summary of meet and 2 confer efforts. 3 The parties are cautioned that failure to raise a dispositive legal issue that could 4 have been tendered to the court by proper pretrial motion prior to the dispositive motion cut-off 5 date may constitute waiver of such issue. 6 VII. 7 SEALING No document will be sealed, nor shall a redacted document be filed, without the 8 prior approval of the court. If a document for which sealing or redaction is sought relates to the 9 record on a motion to be decided by Judge Mueller, the request to seal or redact should be 10 directed to her and not the assigned Magistrate Judge. All requests to seal or redact shall be 11 governed by Local Rules 141 (sealing) and 140 (redaction); protective orders covering the 12 discovery phase of litigation shall not govern the filing of sealed or redacted documents on the 13 public docket. The court will only consider requests to seal or redact filed by the proponent of 14 sealing or redaction. If a party plans to make a filing that includes material an opposing party has 15 identified as confidential and potentially subject to sealing, the filing party shall provide the 16 opposing party with sufficient notice in advance of filing to allow for the seeking of an order of 17 sealing or redaction from the court. 18 VIII. 19 SETTLEMENT CONFERENCE The court anticipates setting a settlement conference before a magistrate judge 20 after discovery closes, unless the parties request an earlier date. 21 IX. 22 FURTHER SCHEDULING The court will set a Final Pretrial Conference date after the resolution of any 23 dispositive motions, or passage of the dispositive motion cutoff, with a trial date being 24 determined at the pretrial conference. The parties should be prepared to confirm a trial date 25 within 60 to 120 days from the date of the final pretrial conference, and should be available for 26 trial accordingly. 27 ///// 28 ///// 5 1 X. 2 MODIFICATION OF STATUS (PRETRIAL SCHEDULING) ORDER The parties are reminded that pursuant to Rule 16(b) of the Federal Rules of Civil 3 Procedure, the Status (Pretrial Scheduling) Order shall not be modified except by leave of court 4 upon a showing of good cause. Agreement of the parties by stipulation alone does not constitute 5 good cause. Except in extraordinary circumstances, unavailability of witnesses or counsel does 6 not constitute good cause. 7 As noted, the assigned magistrate judge is authorized to modify only the discovery 8 dates shown above to the extent any such modification does not impact the balance of the 9 schedule of the case. 10 11 12 13 14 XI. OBJECTIONS TO STATUS (PRETRIAL SCHEDULING) ORDER This Status Order will become final without further order of the court unless objections are filed within fourteen (14) calendar days of service of this Order. IT IS SO ORDERED. DATED: September 19, 2017. 15 16 17 UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28 6

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