Lawson v. Tehama County et al

Filing 42

ORDER signed by Magistrate Judge Gregory G. Hollows on 4/30/18, ORDERING that non-expert discovery must be completed no later than 11/15/2018. Expert disclosure must be made no later than 11/12/2018. Supplementary expert disclosure must be made no later than 11/26/2018. Expert discovery must be competed no later than 12/12/2018 (percipient) and 1/3/2019 (retained). Motions to compel non-expert discovery are to be noticed to be heard by 10/18/2018. Motions with respect to experts shall be no ticed to be heard no later than 12/12/2018. The last day for substantive pretrial motions (Motion for Summary Judgment) to be heard shall be 1/31/2019. Pretrial Conference is SET for 5/16/2019 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. Jury Trial is SET for 7/22/2019 at 09:00 AM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LEE LAWSON,

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No. 2:17-cv-1276-TLN-GGH
Plaintiff,

v.

ORDER

TEHAMA COUNTY, et al.,

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Defendants.

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The parties have filed a joint statement regarding scheduling. Accordingly, the court

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makes the following findings and orders:

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SERVICE OF PROCESS

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All defendants have been served and no further service is permitted except with leave of

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court, good cause having been shown.

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JOINDER OF PARTIES/AMENDMENTS

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No further joinder of parties or amendments to pleadings is permitted except with leave of

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court, good cause having been shown.

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JURISDICTION/VENUE

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Jurisdiction is undisputed and is hereby found to be proper, as is venue.
DISCOVERY AND MOTION HEARING SCHEDULES
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All law and motion except as to discovery is left open, save and except as follows.
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Written discovery and deposition discovery as to percipient witnesses shall be left open and

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conducted so as to be completed by November 15, 2018 as to percipient witnesses, and January

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3, 2019 as to expert witnesses. The word “completed” in this context means all discovery shall

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have been conducted so that all depositions have been taken and any disputes relative to

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

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been ordered, the order has been complied with. Motions to compel discovery must be noticed on

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the undersigned’s calendar in accordance with the local rules of this court and so that such

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motions will be heard not later than October 18, 2018 for percipient witnesses and December 20,

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2018 for expert witnesses. This paragraph does not preclude motions for continuances, temporary

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restraining orders or other emergency applications, and is subject to any special scheduling set

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forth in the “MISCELLANEOUS PROVISIONS” paragraph below.

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2.

The parties should keep in mind that the purpose of law and motion is to narrow

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and refine the legal issues raised by the case, and to dispose of by pretrial motion those issues that

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are susceptible to resolution without trial. To accomplish that purpose, the parties need to

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identify and fully research the issues presented by the case, and then examine those issues in light

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of the evidence gleaned through discovery. If it appears to counsel after examining the legal

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issues and facts that an issue can be resolved by pretrial motion, counsel are to file the appropriate

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motion by the law and motion cutoff set forth supra.

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3.

ALL PURELY LEGAL ISSUES ARE TO BE RESOLVED BY TIMELY

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PRETRIAL MOTION. Counsel are reminded that motions in limine are procedural devices

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designed to address the admissibility of evidence. COUNSEL ARE CAUTIONED THAT THE

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COURT WILL LOOK WITH DISFAVOR UPON SUBSTANTIVE MOTIONS PRESENTED

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IN THE GUISE OF MOTIONS IN LIMINE AT THE TIME OF TRIAL.

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4.

The last day for substantive motions, e.g., Motions for Summary Judgment, to be

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heard is January 31, 2019. The date for the motion hearing must be set at least 28 days in

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advance of that hearing date in accordance with Eastern District of California Local Rule 230.

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The briefing schedule for such motions is also controlled by this Local Rule.

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EXPERT DISCLOSURE
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All counsel (and/or pro se parties) are to designate in writing, file with the court,

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and serve upon all other parties, the names of all experts that they propose to tender at trial, if

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any, not later than November 12, 1018. Simultaneous designation of any supplemental/rebuttal

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experts is due no later than November 26, 2018. An expert witness not appearing on said lists

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will not be permitted to testify unless the party offering the witness demonstrates:

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(a)

at the time the lists were exchanged;

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that the necessity of the witness could not have been reasonably anticipated

(b)

the court and opposing counsel were promptly notified upon discovery of

the witness; and

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(c)

that the witness was promptly proffered for deposition. Failure to provide

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the information required along with the expert designation may lead to preclusion of the

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expert’s testimony or other appropriate sanctions.

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6.

For the purposes of this scheduling order, experts are defined as “percipient” and

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designated experts. Both types of experts shall be listed. Percipient experts are persons who,

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because of their expertise, have rendered expert opinions in the normal course of their work

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duties or observations pertinent to the issues in the case. Another term for their opinions are

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“historical opinions.”

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(a)

Percipient experts are experts who, unless also designated as retained

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experts, are limited to testifying to their historical opinions and the reasons for them. That

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is, they may be asked to testify to their opinions given in the past and the whys and

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wherefores concerning the development of that opinion. However, they may not be asked

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to render a current opinion for the purposes of the litigation.

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(b)

Retained experts, who may be percipient experts as well, are specifically

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designated by a party to be a testifying expert for the purposes of the litigation. The

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retained Rule 26 expert may express opinions formed for the purposes of the litigation. A

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party designating a retained expert will be assumed to have acquired the express

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permission of the witness to be so listed.

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7.

The parties shall comply with the information disclosure provisions of Fed. R. Civ.
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P. 26 (a)(2) (B) for any expert who is, in whole or in part, designated as a retained expert. This

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information is due at the time of designation. Failure to supply the required information may

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result in the striking of the retained expert. No reports are necessary for purely percipient experts.

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Retained experts are to be fully prepared to render an informed opinion at the time of designation

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so that they may fully participate in any deposition taken by the opposing party. Retained experts

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will not be permitted to testify at trial as to any information gathered or evaluated, or opinion

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formed, which should have been reasonably available at the time of designation and disclosed in

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the expert report. The court will closely scrutinize for discovery abuse deposition opinions which

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differ markedly in nature and/or in bases from those expressed in the mandatory information

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disclosure.

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FINAL PRETRIAL AND TRIAL SCHEDULING

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Pretrial Conference (as described in Local Rule 282) is set in this case for May 16, 2019
at 2:00 p.m. Pretrial Statements shall be filed in accordance with Local Rules 281.
This matter is set for jury trial on July 22, 2019 at 9:00 a.m.
SETTLEMENT CONFERENCE

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A Settlement Conference will be set at the time of the Pretrial Conference but the parties,

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who have indicated an interest participating in the court’s Voluntary Dispute Resolution Program

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may seek access to that program at any time during the course of the litigation.

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MISCELLANEOUS PROVISIONS

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There appear to be no other matters presently pending before the court that will aid the
just and expeditious disposition of this matter.

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IT IS SO ORDERED.

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Pursuant to Fed. R. Civ. P. 16(b), THIS COURT SUMMARIZES THE SCHEDULING

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ORDER AS FOLLOWS:
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Non-expert discovery must be completed as described in this order no later
than November 15, 2018.

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2.

Expert disclosure must be made no later than November 12, 2018.

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3.

Supplementary expert disclosure must be made no later than November 26, 2018.
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4.

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Expert discovery must be competed as described in this order no later than
December 12, 2018 (percipient) and January 3, 2019 (retained).

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Motions to compel non-expert discovery are to be noticed to be heard by October

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18, 2018 in conformity with the requirements of Eastern District of California Local

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Rule 251. Motions with respect to experts shall be noticed to be heard no later than

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December 12, 2018.

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6.

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The last day for substantive pretrial motions (Motion for Summary Judgment) to
be heard shall be January 31, 2019.

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Pretrial Conference (as described in Local Rule 282) is set in this case for May 16,

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2019 at 2:00 p.m. Pretrial Statements shall be filed in accordance with Local Rules

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281.

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IT IS SO ORDERED.

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This matter is set for jury trial on July 22, 2019 at 9:00 a.m.

Dated: April 30, 2018
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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