Oliver v. Shelton et al

Filing 86

ORDER signed by Magistrate Judge Dennis M. Cota on 11/14/2022 SETTING dates and deadlines and follows: Initial Disclosures due by 12/1/2022. Non-Expert Discovery completed by 7/14/2023. Designation of Expert Witnesses due by 9/15/2023. Rebuttal Experts due by 10/20/2023. Expert Discovery completed by 12/22/2023. Dispositive Motions heard by 2/10/2024. (Coll, A)

Case 2:18-cv-01809-KJM-DMC Document 86 Filed 11/15/22 Page 1 of 2
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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DARON MICHAEL OLIVER,

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Plaintiff,

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No. 2:18-CV-1809-KJM-DMC

v.

ORDER

MEL,

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Defendant.

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Plaintiff, who is proceeding pro se, brings this civil action. The matter has been

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submitted for issuance of a pre-trial schedule on the papers without a hearing. Upon

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consideration of the joint status report on file in this action and good cause appearing therefor, the

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Court will, by this order, set a schedule pursuant to Federal Rule of Civil Procedure 16(b).

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Jurisdiction and venue are not contested.

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2.

No further joinder of parties or amendments to the pleadings is permitted

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without stipulation or leave of Court for good cause shown.
3.

The parties are advised that they may, if all consent, have the matter re-

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assigned for all purposes, including entry of final judgment, to the undersigned Magistrate Judge.

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Given the extraordinary back-log of civil cases in this district, coupled with the shortage of

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District Judges and pandemic-related delays in criminal cases, it is not anticipated that this matter
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Case 2:18-cv-01809-KJM-DMC Document 86 Filed 11/15/22 Page 2 of 2
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could be set for trial before the assigned District Judge at any time within the next two years. A

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trial before the District Judge within the next three years is also unlikely. The parties will be able

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to obtain an earlier trial date by consenting to Magistrate Judge jurisdiction. Any jury trial by

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consent to the undersigned would be conducted in Sacramento, California. The parties are

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encouraged to meet and confer regarding the issue of consent and requested to notify the Court of

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the respective elections at their earliest opportunity.

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4.

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Initial Disclosures: The parties are directed to exchange initial disclosures on or

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The Court sets the following pre-trial schedule for this litigation:

before December 1, 2022.
Non-Expert Discovery: All non-expert discovery shall be completed and all
motions pertaining to non-expert discovery shall be noticed to be heard by July 14, 2023.
Expert Witness Designations: The parties shall exchange initial lists of expert

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witnesses no later than September 15, 2023. The parties shall exchange lists of rebuttal expert

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witnesses no later than October 20, 2023. Such disclosures must be made pursuant to Federal

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Rule of Civil Procedure 26(a)(2)(A) and (B). The parties are reminded of their obligation to

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supplement these disclosures when required under Federal Rule of Civil Procedure 26(e).

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Expert Discovery: All expert discovery shall be completed and all motions

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pertaining to expert discovery shall be noticed to be heard by December 22, 2023.
Dispositive Motions: All dispositive motions shall be noticed to be heard by
February 10, 2024.
Duty to Supplement: The parties are reminded of their continuing obligation to

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supplement their initial disclosures, discovery responses, and expert witness designations when

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required under Federal Rule of Civil Procedure 26(e).

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5.

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IT IS SO ORDERED.

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The pre-trial conference and trial dates will be set by separate order.

Dated: November 14, 2022

____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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