Sanders, et al., v. County of Siskiyou, et al.,

Filing 14

STATUS (PRETRIAL SCHEDULING) ORDER signed by Senior Judge William B. Shubb on 9/20/17: Discovery due by 8/22/2018. Dispositive Motions filed by 10/15/2018. Final Pretrial Conference set for 1/14/2019 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Jury Trial set for 3/5/2019 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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----oo0oo----

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ROSS SANDERS, Individually;
DONNA SANDERS, Individually;
DANIELLE ERIN NIELSEN,
Individually and as coSuccessor in Interest for
Decedent LUKE SANDERS; and
Ab. S., Ad. S., E.S., and
L.S., all minors, through
their mother and Next Friend
DANIELLE ERIN NIELSEN,
Individually and as coSuccessors in Interest for
Decedent Luke Sanders,

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Civ. No. 2:17-01040 WBS CMK

Plaintiffs,

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v.

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COUNTY OF SISKIYOU, a public
entity; SISKIYOU COUNTY
SHERIFF’S DEPUTY JOHN ZOOK;
SISKIYOU COUNTY SHERIFF’S
DEPUTY JUAN RUIZ; and DOES 110, Individually, and Jointly
and Severally,

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Defendants.
----oo0oo----

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STATUS (PRETRIAL SCHEDULING) ORDER
After reviewing the parties’ Joint Status Report, the court

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hereby vacates the Status (Pretrial Scheduling) Conference

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scheduled for September, 25, 2017, and makes the following

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findings and orders without needing to consult with the parties

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any further.

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I.

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The named defendants have been served, and no further

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SERVICE OF PROCESS

service is permitted except with leave of court, good cause
having been shown under Federal Rule of Civil Procedure 16(b).

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II.

JOINDER OF PARTIES/AMENDMENTS TO PLEADINGS

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No further joinder of parties or amendment to pleadings

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is permitted except with leave of court, good cause having been

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

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v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir. 1992).

See Johnson

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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, 1343, because plaintiffs assert

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claims arising under 42 U.S.C. §§ 1983 and 1988; Title II of the

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Americans with Disabilities Act, 42 U.S.C. § 12132 et seq.; § 504

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of the Rehabilitation Act, 29 U.S.C. §§ 794 and 794a et seq.; 42

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USC §§ 2000d-7 and 12202; and the First, Fourth, and Fourteenth

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Amendments to the United States Constitution.

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jurisdiction is predicated upon 28 U.S.C. § 1367.

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undisputed and hereby found to be proper.

Supplemental
Venue is

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IV.

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The parties agreed to serve the initial disclosures

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DISCOVERY

required by Federal Rule of Civil Procedure 26(a)(1) by no later
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than September 15, 2017.
The parties shall disclose experts and produce reports

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in accordance with Federal Rule of Civil Procedure 26(a)(2) by

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June 22, 2018.

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for rebuttal, those experts shall be disclosed and reports

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produced in accordance with Rule 26(a)(2) by July 23, 2018.

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With regard to expert testimony intended solely

All other discovery, including depositions for

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

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shall be so conducted as to be completed by August 22, 2018.

The

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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 August 22, 2018.

All motions to compel

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According to Federal Rule of Civil Procedure

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30(a)(2)(A), parties may take up to ten depositions unless they

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enter into a stipulation or obtain leave of court to take more.

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Here, the parties state that an increase in the number of

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depositions is appropriate because of the number of plaintiffs,

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defendants, witnesses, and first responders.

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that each party shall be permitted to take twenty depositions.

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The parties agree

Under Federal Rule of Civil Procedure 30(d)(1),

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“unless otherwise stipulated or ordered by the court, a

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deposition is limited to 1 day of 7 hours.”
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The parties agree

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that each party shall be permitted to take ten depositions of up

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to seven hours each, and ten depositions of up to three hours

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each.

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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 October 15, 2018.

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noticed for the next available hearing date.

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cautioned to refer to the local rules regarding the requirements

All motions shall be
Counsel are

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for noticing and opposing such motions on the court’s regularly

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scheduled law and motion calendar.

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VI.

FINAL PRETRIAL CONFERENCE

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The Final Pretrial Conference is set for January 14,

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2019, 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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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.

Counsel shall file separate pretrial statements,

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In addition to

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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. (feb 28

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

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VII.

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A jury trial is set for March 5, 2019 at 9:00 a.m. The

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TRIAL SETTING

parties estimate that trial will last 20 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 early Settlement Conference

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counsel for each party shall submit a confidential Settlement

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Conference Statement for review by the settlement judge.

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settlement judge is not the trial judge, the Settlement

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Conference Statements shall not be filed and will not otherwise

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be disclosed to the trial judge.

At least

If the

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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:

September 20, 2017

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