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)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 13 14 15 16 17 18 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, 19 Civ. No. 2:17-01040 WBS CMK Plaintiffs, 20 v. 21 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, 22 23 24 25 26 Defendants. ----oo0oo---- 27 28 1 1 2 STATUS (PRETRIAL SCHEDULING) ORDER After reviewing the parties’ Joint Status Report, the court 3 hereby vacates the Status (Pretrial Scheduling) Conference 4 scheduled for September, 25, 2017, and makes the following 5 findings and orders without needing to consult with the parties 6 any further. 7 I. 8 The named defendants have been served, and no further 9 10 SERVICE OF PROCESS service is permitted except with leave of court, good cause having been shown under Federal Rule of Civil Procedure 16(b). 11 II. JOINDER OF PARTIES/AMENDMENTS TO PLEADINGS 12 No further joinder of parties or amendment to pleadings 13 is permitted except with leave of court, good cause having been 14 shown under Federal Rule of Civil Procedure 16(b). 15 v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir. 1992). See Johnson 16 III. JURISDICTION/VENUE 17 Jurisdiction is predicated upon federal question 18 jurisdiction, 28 U.S.C. §§ 1331, 1343, because plaintiffs assert 19 claims arising under 42 U.S.C. §§ 1983 and 1988; Title II of the 20 Americans with Disabilities Act, 42 U.S.C. § 12132 et seq.; § 504 21 of the Rehabilitation Act, 29 U.S.C. §§ 794 and 794a et seq.; 42 22 USC §§ 2000d-7 and 12202; and the First, Fourth, and Fourteenth 23 Amendments to the United States Constitution. 24 jurisdiction is predicated upon 28 U.S.C. § 1367. 25 undisputed and hereby found to be proper. Supplemental Venue is 26 IV. 27 The parties agreed to serve the initial disclosures 28 DISCOVERY required by Federal Rule of Civil Procedure 26(a)(1) by no later 2 1 2 than September 15, 2017. The parties shall disclose experts and produce reports 3 in accordance with Federal Rule of Civil Procedure 26(a)(2) by 4 June 22, 2018. 5 for rebuttal, those experts shall be disclosed and reports 6 produced in accordance with Rule 26(a)(2) by July 23, 2018. 7 With regard to expert testimony intended solely All other discovery, including depositions for 8 preservation of testimony, is left open, save and except that it 9 shall be so conducted as to be completed by August 22, 2018. The 10 word “completed” means that all discovery shall have been 11 conducted so that all depositions have been taken and any 12 disputes relevant to discovery shall have been resolved by 13 appropriate order if necessary and, where discovery has been 14 ordered, the order has been obeyed. 15 discovery must be noticed on the magistrate judge’s calendar in 16 accordance with the local rules of this court and so that such 17 motions may be heard (and any resulting orders obeyed) not later 18 than August 22, 2018. All motions to compel 19 According to Federal Rule of Civil Procedure 20 30(a)(2)(A), parties may take up to ten depositions unless they 21 enter into a stipulation or obtain leave of court to take more. 22 Here, the parties state that an increase in the number of 23 depositions is appropriate because of the number of plaintiffs, 24 defendants, witnesses, and first responders. 25 that each party shall be permitted to take twenty depositions. 26 The parties agree Under Federal Rule of Civil Procedure 30(d)(1), 27 “unless otherwise stipulated or ordered by the court, a 28 deposition is limited to 1 day of 7 hours.” 3 The parties agree 1 that each party shall be permitted to take ten depositions of up 2 to seven hours each, and ten depositions of up to three hours 3 each. 4 V. MOTION HEARING SCHEDULE 5 All motions, except motions for continuances, temporary 6 restraining orders, or other emergency applications, shall be 7 filed on or before October 15, 2018. 8 noticed for the next available hearing date. 9 cautioned to refer to the local rules regarding the requirements All motions shall be Counsel are 10 for noticing and opposing such motions on the court’s regularly 11 scheduled law and motion calendar. 12 VI. FINAL PRETRIAL CONFERENCE 13 The Final Pretrial Conference is set for January 14, 14 2019, at 1:30 p.m. in Courtroom No. 5. 15 attended by at least one of the attorneys who will conduct the 16 trial for each of the parties and by any unrepresented parties. 17 The conference shall be Counsel for all parties are to be fully prepared for 18 trial at the time of the Pretrial Conference, with no matters 19 remaining to be accomplished except production of witnesses for 20 oral testimony. 21 and are referred to Local Rules 281 and 282 relating to the 22 contents of and time for filing those statements. 23 those subjects listed in Local Rule 281(b), the parties are to 24 provide the court with: (1) a plain, concise statement which 25 identifies every non-discovery motion which has been made to the 26 court, and its resolution; (2) a list of the remaining claims as 27 against each defendant; and (3) the estimated number of trial 28 days. Counsel shall file separate pretrial statements, 4 In addition to 1 In providing the plain, concise statements of 2 undisputed facts and disputed factual issues contemplated by 3 Local Rule 281(b)(3)-(4), the parties shall emphasize the claims 4 that remain at issue, and any remaining affirmatively pled 5 defenses thereto. 6 parties shall also prepare a succinct statement of the case, 7 which is appropriate for the court to read to the jury. (feb 28 If the case is to be tried to a jury, the 8 VII. 9 A jury trial is set for March 5, 2019 at 9:00 a.m. The 10 TRIAL SETTING parties estimate that trial will last 20 days. 11 VIII. SETTLEMENT CONFERENCE 12 A Settlement Conference will be set at the time of the 13 Pretrial Conference. 14 the court whether they will stipulate to the trial judge acting 15 as settlement judge and waive disqualification by virtue thereof. 16 All parties should be prepared to advise Counsel are instructed to have a principal with full 17 settlement authority present at the Settlement Conference or to 18 be fully authorized to settle the matter on any terms. 19 seven calendar days before the early Settlement Conference 20 counsel for each party shall submit a confidential Settlement 21 Conference Statement for review by the settlement judge. 22 settlement judge is not the trial judge, the Settlement 23 Conference Statements shall not be filed and will not otherwise 24 be disclosed to the trial judge. At least If the 25 IX. MODIFICATIONS TO SCHEDULING ORDER 26 Any requests to modify the dates or terms of this 27 Scheduling Order, except requests to change the date of the 28 trial, may be heard and decided by the assigned Magistrate Judge. 5 1 All requests to change the trial date shall be heard and decided 2 only by the undersigned judge. 3 Dated: September 20, 2017 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?