Wagnon, et al v Rocklin Unified School District, et al

Filing 82

PRETRIAL SCHEDULING ORDER signed by Magistrate Judge Chi Soo Kim on 04/26/24 SETTING the Final Pretrial Conference to 10/15/2024 at 10:00 AM in Courtroom 25 (CSK) before Magistrate Judge Chi Soo Kim and Jury Trial to 11/4/2024 at 09:30 AM in Courtroom 25 (CSK) before Magistrate Judge Chi Soo Kim.(Licea Chavez, V)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALICIA WAGNON, et al.,

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Case No. 2:17-cv-1666 CSK

Plaintiffs,

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v.

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PRETRIAL SCHEDULING ORDER

ROCKLIN UNIFIED SCHOOL
DISTRICT, et al.,

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Defendants.

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The parties have filed their updated joint trial readiness statement. (ECF No. 80.) The

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Court issues the following pretrial scheduling order. 1

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I. FINAL PRETRIAL CONFERENCE AND TRIAL

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The final pretrial conference is set for October 15, 2024 at 10:00 a.m. in

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Courtroom No. 25 before Magistrate Judge Chi Soo Kim. Trial counsel must appear at

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the final pretrial conference. At the final pretrial conference, the Court will set the

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deadlines for other trial-related deadlines, including the submission of exhibits, trial

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briefs, proposed voir dire, jury instructions, and verdict forms.

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This matter proceeds before the undersigned pursuant to 28 U.S.C. § 636(c) on the
consent of all parties. (ECF Nos. 23, 24.)
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A. Joint Pretrial Statement

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The parties shall file a joint pretrial statement pursuant to Local Rule 281(a)(2).

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The joint pretrial statement must be filed no later than twenty-one (21) days before the

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date set for the final pretrial conference and must also be emailed as a Word document

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to [e-mail]. Separate pretrial statements are not permitted

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unless a party is not represented by counsel.

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The pretrial statement must cover all topics identified in Local Rule 281 with the
following additions and clarifications:
1. Statement of the Case: A concise statement of the case must be included.
2. Trial Length Estimate: An estimate of the length of trial must also be included.

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Unless otherwise ordered, trial hours will be from 9:30 a.m. to 4:30 p.m., Monday

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through Friday.

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3. Procedural Status: A concise summary of the procedural status of the case must

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be included, including the disposition of any motions and whether any motions are

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still pending.

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4. Factual Issues: The undisputed facts and disputed factual issues shall be set

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forth in separate sections of the pretrial statement. Each fact or factual issue

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should be numbered. For disputed factual issues, identify the cause of action or

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defense to which the factual issue is related.

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5. Points of Law: In the points of law section of the pretrial statement, include the

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elements for each cause of action and each defense, with citation to the relevant

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legal authority.

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6. Motions In Limine: The parties shall also identify the motions in limine each party
reasonably anticipates filing.

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7. Witnesses: Each party’s witness list must be submitted as a separate attachment

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to the pretrial statement, and labeled as such. The witness list must include the

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witness’s name; the witness’s title or position; whether the testimony is offered in-

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person or by deposition; whether the witness is designated as an expert; and a
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concise statement of the anticipated subjects of testimony. Pursuant to Local Rule

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281, only individuals on the witness list submitted with the pretrial statement will

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be permitted to testify at trial, except as may be otherwise provided in the pretrial

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order. The witness’s address does not need to be included.

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8. Exhibits: Each party’s exhibit list must be submitted as a separate attachment to

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the pretrial statement, and labeled as such. Plaintiff’s exhibits shall be listed

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numerically; Defendant’s exhibits shall be listed alphabetically. All exhibits must

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be identified with a reasonable amount of detail, including: bates numbers;

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document/file date; and a concise description. Pursuant to Local Rule 281, only

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exhibits on the exhibit list submitted with the pretrial statement will be permitted to

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be offered at trial, except as may be otherwise provided in the pretrial order.

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B. Motions In Limine

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Motions in limine shall be filed fourteen (14) days before the date set for the final

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pretrial conference. Any opposition shall be filed seven (7) days before the date set for

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the final pretrial conference. No replies shall be filed. The parties should be prepared to

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argue their motions in limine at the final pretrial conference. The Court will endeavor to

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rule on motions in limine before trial begins to assist the parties in their trial preparations.

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C. Trial

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A jury trial is set for November 4, 2024 at 9:30 a.m., in Courtroom No. 25. The

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parties estimate two weeks for trial. (ECF No. 80.)

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II. MODIFICATIONS OF THIS SCHEDULING ORDER

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This case schedule will become final without further order of the Court unless

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written objections are filed within fourteen (14) days of the entry of this order. The parties

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are reminded that pursuant to Federal Rule of Civil Procedure 16(b)(4), this order shall

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not be modified except by leave of Court upon a showing of “good cause.” See Johnson

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

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pursuant to a stipulation does not constitute good cause. Nor does the unavailability of

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witnesses or counsel, except in extraordinary circumstances, constitute good cause.
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Any request or stipulation to modify this scheduling order must set forth the
following:

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(1) the existing date;

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(2) whether there have been prior requests for extensions, and whether these were

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granted or denied by the Court; and
(3) specific, concrete reasons supporting good cause for granting the extension. For

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example, if the reason for the requested extension is that it “will promote

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settlement,” the requesting party or parties must indicate the status of negotiation

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efforts (e.g., whether a mediator has been selected, a mediation has been

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scheduled, etc.).
IT IS SO ORDERED.

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Dated: April 26, 2024

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4, wagn.1666

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