K. et al v. County of Sacramento et al

Filing 5

STATUS PRETRIAL SCHEDULING ORDER signed by Senior Judge William B. Shubb on 05/07/2018 ORDERING that parties shall serve initial disclosures by 06/15/2018; Designation of Expert Witnesses due by 2/07/2019 with any rebuttal disclosures due by 02/28/20 19; all discovery shall be completed by 5/28/2019; Non-Dispositive Motions shall be heard no later than 03/29/2019; Dispositive Motions filed by 06/24/2019; Final Pretrial Conference set for 9/03/2019 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb with separate pretrial statements due pursuant to Local Rules 281 and 282; Jury Trial set for 10/29/2019 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Fabillaran, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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----oo0oo---A.K. (female), A.S., and A.K.
CIV. NO. 2:18-61 WBS AC
(male), and ALESHNA KUMARI,

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Plaintiffs,

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v.
COUNTY OF SACRAMENTO; JESSE
CORTEZ, an individual;
JANELLE GONZALEZ, an
individual; LEONA WILLIAMS,
an individual; EVELYN MARTIN,
an individual; ANTHONY
MARTIN, an individual; and
DOES 1-50, inclusive,
Defendants.

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----oo0oo----

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STATUS (PRETRIAL SCHEDULING) ORDER

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A Status (Pretrial Scheduling) Conference was held on

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May 7, 2018.

Joe Rapoport appeared as counsel for plaintiffs,

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and Amanda McDermott appeared as counsel for defendants.

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Following the conference, the court enters this Order.

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I.

SERVICE OF PROCESS
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All defendants have been served.

Plaintiffs have until

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May 8, 2018 to amend their Complaint so as to remove defendants

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Evelyn Martin and Anthony Martin.

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II.

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JOINDER OF PARTIES/AMENDMENTS
After the Amended Complaint is filed, no further

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joinder of parties or amendments to pleadings will be permitted

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except with leave of court, good cause having been shown under

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Federal Rule of Civil Procedure 16(b).

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

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See Johnson v. Mammoth

III. JURISDICTION/VENUE

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Jurisdiction is predicated upon federal question

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jurisdiction, 28 U.S.C. § 1331, because plaintiffs’ claims arise

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under 42 U.S.C. § 1983.

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be proper.

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IV.

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Venue is undisputed and hereby found to

DISCOVERY
The parties shall serve the initial disclosures

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required by Federal Rule of Civil Procedure 26(a)(1) on or before

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June 15, 2018.

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The parties shall disclose experts and produce reports

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in accordance with Federal Rule of Civil Procedure 26(a)(2) by no

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later than February 7, 2019.

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intended solely for rebuttal, those experts shall be disclosed

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and reports produced in accordance with Federal Rule of Civil

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Procedure 26(a)(2) on or before February 28, 2019.

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With regard to expert testimony

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 May 28, 2019.

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word “completed” means that all discovery shall have been
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The

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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 March 29, 2019.

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V.

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All motions to compel

MOTION HEARING SCHEDULE
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 June 24, 2019.

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for the next available hearing date.

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refer to the local rules regarding the requirements for noticing

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and opposing such motions on the court’s regularly scheduled law

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and motion calendar.

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VI.

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All motions shall be noticed
Counsel are cautioned to

FINAL PRETRIAL CONFERENCE
The Final Pretrial Conference is set for September 3,

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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

Counsel shall file separate pretrial statements,

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In addition 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.

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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.

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VII. TRIAL SETTING

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

The jury trial is set for October 29, 2019 at 9:00 a.m.

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Defendants estimate that a jury trial will last approximately

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seven to ten days, while plaintiffs estimate it will only last

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approximate four days.

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VIII.

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SETTLEMENT CONFERENCE
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 Settlement Conference counsel for

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each party shall submit a confidential Settlement Conference

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Statement for review by the settlement judge.
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At least

If the settlement

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judge is not the trial judge, the Settlement Conference

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Statements shall not be filed and will not otherwise be disclosed

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to the trial judge.

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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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IT IS SO ORDERED.
Dated:

May 7, 2018

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