R.H., et al., v. City of Redding

Filing 16

STATUS PRETRIAL SCHEDULING ORDER signed by Senior Judge William B. Shubb on 11/16/2020 VACATING Status Pretrial Scheduling Conference set for 11/23/2020. Initial Disclosures required by FRCP 26(a)(1) due by 12/7/2020, Disclose experts and produce rep orts no later than 7/30/3021. Expert testimony intended solely for rebuttal by 8/27/2021. Discovery due by 9/24/2021. Dispositive Motions filed by 11/5/2021. Final Pretrial Conference set for 1/18/2022 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb, and Jury Trial set for 3/15/2022 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb.(Reader, L)

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Case 2:20-cv-01435-WBS-DMC Document 16 Filed 11/16/20 Page 1 of 5 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 13 14 15 R.H., a minor, by and through her guardian ad litem, Sheila Brown; ESTATE OF ERIC JAY HAMES, by and through its personal representative, Crystal Dunlap-Bennett, 18 19 20 21 2:20-cv-01435 WBS DMC Plaintiffs, 16 17 NO. v. CITY OF REDDING, a public entity; JOE ROSSI, an individual; KIP KINNEAVY, an individual; JAY GUTERDING, an individual; and DOES 5-20, inclusive, Defendants. 22 23 24 25 ----oo0oo---STATUS (PRETRIAL SCHEDULING) ORDER After reviewing the parties’ Joint Status Report, the 26 court hereby vacates the Status (Pretrial Scheduling) Conference 27 scheduled for November 23, 2020, and makes the following findings 28 and orders without needing to consult with the parties any 1 Case 2:20-cv-01435-WBS-DMC Document 16 Filed 11/16/20 Page 2 of 5 1 further. 2 I. SERVICE OF PROCESS 3 All defendants have been served, and no further service 4 is permitted without leave of court, good cause having been shown 5 under Federal Rule of Civil Procedure 16(b). 6 II. JOINDER OF PARTIES/AMENDMENTS 7 No further joinder of parties or amendments to 8 pleadings will be permitted except with leave of court, good 9 cause having been shown under Federal Rule of Civil Procedure 10 16(b). 11 (9th Cir. 1992). 12 III. JURISDICTION/VENUE 13 See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 Jurisdiction is predicated upon federal question, 28 14 U.S.C. § 1331, because plaintiffs assert claims arising under 15 laws of the United States, 42 U.S.C. § 1983, and the Fourth and 16 Fourteenth Amendments of the United States Constitution. 17 is undisputed and hereby found to be proper. 18 IV. 19 Venue DISCOVERY The parties agree to serve the initial disclosures 20 required by Federal Rule of Civil Procedure 26(a)(1) on or before 21 December 7, 2020. 22 The parties shall disclose experts and produce reports 23 in accordance with Federal Rule of Civil Procedure 26(a)(2) by no 24 later than July 30, 2021. 25 intended solely for rebuttal, those experts shall be disclosed 26 and reports produced in accordance with Federal Rule of Civil 27 Procedure 26(a)(2) on or before August 27, 2021. 28 With regard to expert testimony All discovery, including depositions for preservation 2 Case 2:20-cv-01435-WBS-DMC Document 16 Filed 11/16/20 Page 3 of 5 1 of testimony, is left open, save and except that it shall be so 2 conducted as to be completed by September 24, 2021. 3 “completed” means that all discovery shall have been conducted so 4 that all depositions have been taken and any disputes relevant to 5 discovery shall have been resolved by appropriate order if 6 necessary and, where discovery has been ordered, the order has 7 been obeyed. 8 the magistrate judge’s calendar in accordance with the local 9 rules of this court and so that such motions may be heard (and The word All motions to compel discovery must be noticed on 10 any resulting orders obeyed) not later than September 24, 2021. 11 V. 12 MOTION HEARING SCHEDULE All motions, except motions for continuances, temporary 13 restraining orders, or other emergency applications, shall be 14 filed on or before November 5, 2021. 15 noticed for the next available hearing date. 16 cautioned to refer to the local rules regarding the requirements 17 for noticing and opposing such motions on the court’s regularly 18 scheduled law and motion calendar. 19 VI. 20 All motions shall be Counsel are FINAL PRETRIAL CONFERENCE The Final Pretrial Conference is set for January 18, 21 2022, at 1:30 p.m. in Courtroom No. 5. 22 attended by at least one of the attorneys who will conduct the 23 trial for each of the parties and by any unrepresented parties. 24 The conference shall be Counsel for all parties are to be fully prepared for 25 trial at the time of the Pretrial Conference, with no matters 26 remaining to be accomplished except production of witnesses for 27 oral testimony. 28 and are referred to Local Rules 281 and 282 relating to the Counsel shall file separate pretrial statements, 3 Case 2:20-cv-01435-WBS-DMC Document 16 Filed 11/16/20 Page 4 of 5 1 contents of and time for filing those statements. 2 those subjects listed in Local Rule 281(b), the parties are to 3 provide the court with: (1) a plain, concise statement which 4 identifies every non-discovery motion which has been made to the 5 court, and its resolution; (2) a list of the remaining claims as 6 against each defendant; and (3) the estimated number of trial 7 days. 8 9 In addition to In providing the plain, concise statements of undisputed facts and disputed factual issues contemplated by 10 Local Rule 281(b)(3)-(4), the parties shall emphasize the claims 11 that remain at issue, and any remaining affirmatively pled 12 defenses thereto. 13 parties shall also prepare a succinct statement of the case, 14 which is appropriate for the court to read to the jury. 15 VII. TRIAL SETTING 16 If the case is to be tried to a jury, the The jury trial is set for March 15, 2022 at 9:00 a.m. 17 The parties estimate that the trial will last 5-7 days. 18 VIII. 19 SETTLEMENT CONFERENCE A Settlement Conference will be set at the time of the 20 Pretrial Conference. 21 the court whether they will stipulate to the trial judge acting 22 as settlement judge and waive disqualification by virtue thereof. 23 All parties should be prepared to advise Counsel are instructed to have a principal with full 24 settlement authority present at the Settlement Conference or to 25 be fully authorized to settle the matter on any terms. 26 seven calendar days before the Settlement Conference counsel for 27 each party shall submit a confidential Settlement Conference 28 Statement for review by the settlement judge. 4 At least If the settlement Case 2:20-cv-01435-WBS-DMC Document 16 Filed 11/16/20 Page 5 of 5 1 judge is not the trial judge, the Settlement Conference 2 Statements shall not be filed and will not otherwise be disclosed 3 to the trial judge. 4 IX. MODIFICATIONS TO SCHEDULING ORDER 5 Any requests to modify the dates or terms of this 6 Scheduling Order, except requests to change the date of the 7 trial, may be heard and decided by the assigned Magistrate Judge. 8 All requests to change the trial date shall be heard and decided 9 only by the undersigned judge. 10 11 IT IS SO ORDERED. Dated: November 16, 2020 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5

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