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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 JOEL JENNINGS WARNE, Plaintiff, United States District Court Northern District of California 11 12 13 14 Case No.16-cv-06773-JSC ORDER RE: SCHEDULING AND CASE MANAGEMENT v. CITY AND COUNTY OF SAN FRANCISCO, et al., Defendants. 15 16 17 The parties appeared for a further Case Management Conference on September 28, 2017. This Order confirms the matters discussed at the hearing. 18 1. Deposition Scheduling 19 Plaintiff’s deposition shall take place in the Court’s jury room on January 3, 2018. 20 Defendants have offered to make Dr. Yeh available for deposition on January 4, Dr. Tenner 21 available on January 5, and Dr. Murphy available on January 8. On or before Friday, October 6, 22 2017, Plaintiff shall confirm with Defendants in writing that he intends to proceed with these 23 depositions on these dates. All of these depositions will occur in the Court’s jury room. 24 Defendants the City and County of San Francisco and Officer Gomez shall endeavor to make 25 Officer Gomez available for deposition the week of January 8 as well and shall notify Plaintiff on 26 or before October 4, 2017 as to which date(s) that week he is available. 27 28 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 1 has agreed that his sister may be deposed as a percipient witness. Ms. Elrod was previously 2 subpoenaed to appear for her deposition in Tyler, Texas on October 23, 2017; Plaintiff shall 3 endeavor to make Ms. Elrod available for deposition on this date and her deposition shall be no 4 more than three hours. Plaintiff has accepted service of Ms. Jennings’s subpoena and she shall be 5 deposed the same day as Ms. Elrod or the following day. 6 2. Written Discovery 7 Defendants shall provide Plaintiff with the audio file of Ms. Elrod’s two 911 calls on or 8 before October 13, 2017. 3. Plaintiff’s Motion to File a Fourth Amended Complaint (Dkt. No. 189) 9 At the hearing, the Court set the following briefing schedule on Plaintiff’s motion to 10 United States District Court Northern District of California 11 amend: Defendants’ opposition is due October 9, 2017 and any reply is due October 16, 2017. 12 Plaintiff has subsequently emailed the Courtroom Deputy to state his intention to withdraw the 13 motion to amend. As the Court has repeatedly advised Plaintiff, it is improper to email the 14 Courtroom Deputy regarding such substantive matters. If Plaintiff wishes to withdraw his motion, 15 on or before October 3, 2017, he shall electronically file a motion withdrawing his motion to 16 amend. 17 4. Plaintiff’s Motion to Compel re: the DMV Subpoena (Dkt. No. 190) 18 Plaintiff shall re-file the motion in accordance with the local rules and ensure that he 19 provides the DMV with notice of the motion. 20 5. Plaintiff’s Fourth Motion for Sanctions (Dkt. No. 188) 21 The motion is denied. Plaintiff has withdrawn his objection to his sister’s deposition and 22 agreed to make her available for deposition. Further, Defendants did meet and confer with Plaintiff 23 to attempt to schedule the deposition. 24 6. Case Management Deadlines 25 The deadline for fact discovery is March 1, 2018. 26 The deadline for hearing motions for summary judgment is May 17, 2018. 27 The parties shall appear for a further Case Management Conference on October 25, 2017 at 28 11:00 a.m. in Courtroom F, 450 Golden Gate Ave., San Francisco, California. Updated Case 2 1 Management Statements are due October 23, 2017. *** 2 3 This Order disposes of Docket Nos. 188 and 190. 4 IT IS SO ORDERED. 5 Dated: September 29, 2017 6 JACQUELINE SCOTT CORLEY United States Magistrate Judge 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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