Warne v. City and County of San Francisco et al

Filing 194

ORDER RE: SCHEDULING AND CASE MANAGEMENT. Signed by Judge Jacqueline Scott Corley on September 29, 2017. (jsclc2, COURT STAFF) (Filed on 9/29/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOEL JENNINGS WARNE,
Plaintiff,

United States District Court
Northern District of California

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Case No.16-cv-06773-JSC
ORDER RE: SCHEDULING AND CASE
MANAGEMENT

v.
CITY AND COUNTY OF SAN
FRANCISCO, et al.,
Defendants.

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The parties appeared for a further Case Management Conference on September 28, 2017.
This Order confirms the matters discussed at the hearing.

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1. Deposition Scheduling

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Plaintiff’s deposition shall take place in the Court’s jury room on January 3, 2018.

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Defendants have offered to make Dr. Yeh available for deposition on January 4, Dr. Tenner

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available on January 5, and Dr. Murphy available on January 8. On or before Friday, October 6,

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2017, Plaintiff shall confirm with Defendants in writing that he intends to proceed with these

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depositions on these dates. All of these depositions will occur in the Court’s jury room.

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Defendants the City and County of San Francisco and Officer Gomez shall endeavor to make

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Officer Gomez available for deposition the week of January 8 as well and shall notify Plaintiff on

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or before October 4, 2017 as to which date(s) that week he is available.

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On or before October 3, 2017, Plaintiff shall confirm when his sister, Elysia Warne Elrod,
and his mother, Bonnie Gay Jennings, will be available to be deposed in Tyler, Texas. Plaintiff

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has agreed that his sister may be deposed as a percipient witness. Ms. Elrod was previously

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subpoenaed to appear for her deposition in Tyler, Texas on October 23, 2017; Plaintiff shall

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endeavor to make Ms. Elrod available for deposition on this date and her deposition shall be no

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more than three hours. Plaintiff has accepted service of Ms. Jennings’s subpoena and she shall be

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deposed the same day as Ms. Elrod or the following day.

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2. Written Discovery

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Defendants shall provide Plaintiff with the audio file of Ms. Elrod’s two 911 calls on or

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before October 13, 2017.
3. Plaintiff’s Motion to File a Fourth Amended Complaint (Dkt. No. 189)

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At the hearing, the Court set the following briefing schedule on Plaintiff’s motion to

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United States District Court
Northern District of California

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amend: Defendants’ opposition is due October 9, 2017 and any reply is due October 16, 2017.

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Plaintiff has subsequently emailed the Courtroom Deputy to state his intention to withdraw the

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motion to amend. As the Court has repeatedly advised Plaintiff, it is improper to email the

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Courtroom Deputy regarding such substantive matters. If Plaintiff wishes to withdraw his motion,

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on or before October 3, 2017, he shall electronically file a motion withdrawing his motion to

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amend.

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4. Plaintiff’s Motion to Compel re: the DMV Subpoena (Dkt. No. 190)

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Plaintiff shall re-file the motion in accordance with the local rules and ensure that he

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provides the DMV with notice of the motion.

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5. Plaintiff’s Fourth Motion for Sanctions (Dkt. No. 188)

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The motion is denied. Plaintiff has withdrawn his objection to his sister’s deposition and

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agreed to make her available for deposition. Further, Defendants did meet and confer with Plaintiff

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to attempt to schedule the deposition.

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6. Case Management Deadlines

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The deadline for fact discovery is March 1, 2018.

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The deadline for hearing motions for summary judgment is May 17, 2018.

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The parties shall appear for a further Case Management Conference on October 25, 2017 at

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11:00 a.m. in Courtroom F, 450 Golden Gate Ave., San Francisco, California. Updated Case
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Management Statements are due October 23, 2017.
***

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This Order disposes of Docket Nos. 188 and 190.

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IT IS SO ORDERED.

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Dated: September 29, 2017

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JACQUELINE SCOTT CORLEY
United States Magistrate Judge

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United States District Court
Northern District of California

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