R.H., et al., v. City of Redding
Filing
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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)
Case 2:20-cv-01435-WBS-DMC Document 16 Filed 11/16/20 Page 1 of 5
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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----oo0oo----
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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,
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2:20-cv-01435 WBS DMC
Plaintiffs,
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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.
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----oo0oo---STATUS (PRETRIAL SCHEDULING) ORDER
After reviewing the parties’ Joint Status Report, the
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court hereby vacates the Status (Pretrial Scheduling) Conference
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scheduled for November 23, 2020, and makes the following findings
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and orders without needing to consult with the parties any
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Case 2:20-cv-01435-WBS-DMC Document 16 Filed 11/16/20 Page 2 of 5
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further.
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I.
SERVICE OF PROCESS
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All defendants have been served, and no further service
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is permitted without leave of court, good cause having been shown
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under Federal Rule of Civil Procedure 16(b).
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II.
JOINDER OF PARTIES/AMENDMENTS
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No further joinder of parties or amendments to
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pleadings will be permitted except with leave of court, good
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cause having been shown under Federal Rule of Civil Procedure
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16(b).
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(9th Cir. 1992).
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III. JURISDICTION/VENUE
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See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604
Jurisdiction is predicated upon federal question, 28
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U.S.C. § 1331, because plaintiffs assert claims arising under
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laws of the United States, 42 U.S.C. § 1983, and the Fourth and
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Fourteenth Amendments of the United States Constitution.
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is undisputed and hereby found to be proper.
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IV.
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Venue
DISCOVERY
The parties agree to 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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December 7, 2020.
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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 July 30, 2021.
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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 August 27, 2021.
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With regard to expert testimony
All discovery, including depositions for preservation
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Case 2:20-cv-01435-WBS-DMC Document 16 Filed 11/16/20 Page 3 of 5
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of testimony, is left open, save and except that it shall be so
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conducted as to be completed by September 24, 2021.
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“completed” means that all discovery shall have been conducted so
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that all depositions have been taken and any disputes relevant to
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discovery shall have been resolved by appropriate order if
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necessary and, where discovery has been ordered, the order has
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been obeyed.
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the magistrate judge’s calendar in accordance with the local
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rules of this court and so that such motions may be heard (and
The word
All motions to compel discovery must be noticed on
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any resulting orders obeyed) not later than September 24, 2021.
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V.
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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 November 5, 2021.
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noticed for the next available hearing date.
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cautioned to refer to the local rules regarding the requirements
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for noticing and opposing such motions on the court’s regularly
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scheduled law and motion calendar.
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VI.
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All motions shall be
Counsel are
FINAL PRETRIAL CONFERENCE
The Final Pretrial Conference is set for January 18,
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2022, 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
Counsel shall file separate pretrial statements,
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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
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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 addition to
In providing the plain, concise statements of
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 March 15, 2022 at 9:00 a.m.
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The parties estimate that the trial will last 5-7 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:
November 16, 2020
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