Carson v. Martinez et al

Filing 92

ORDER Resetting Pretrial Deadlines. Proposed Pretrial Order due by 12/12/2019. The final Pretrial Conference is scheduled on the calendar of the Honorable Janis L. Sammartino on December 19, 2019 at 1:30 p.m. Signed by Magistrate Judge Barbara Lynn Major on 9/18/19.(All non-registered users served via U.S. Mail Service)(dlg)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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Case No.: 16cv1736-JLS (BLM)

DAVID VINCENT CARSON,

ORDER RESETTING PRETRIAL
DEADLINES

Plaintiff,

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v.

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F. MARTINEZ, et al.,

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Defendants.

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On January 31, 2019, Defendants filed an Ex Parte Application to Modify Scheduling Order

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by Vacating Pretrial Dates. ECF No. 75. Defendants sought to vacate the remaining pretrial

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dates in light of the then pending motion for summary judgment [see ECF No. 63] and Mandatory

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Settlement Conference scheduled for May 1, 2019. Id. at 1. Defendants stated that there was

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good cause for their request because the “case [wa]s not fully at issue due to Defendants’

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pending summary-judgment motion” and that “[i]t would be difficult to prepare [for the

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remaining pretrial events] without knowing which claims, Defendants, evidence, and legal issues

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[we]re still at issue.” Id. at 2.

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On February 1, 2019, the Court issued an order granting Defendants’ request and vacated
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the remaining pretrial deadlines for pretrial disclosures, memoranda of contentions of fact and

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law, meeting and conferring, preparing and exchanging the draft pretrial conference order,

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lodging the final pretrial conference order, and the final pretrial conference.

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Defendants were ordered to contact Judge Major’s chambers after the Court’s ruling on the

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motion summary judgment [ECF No. 63] so that the Court could reset the remaining deadlines.

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Id. On September 3, 2019, the Court granted in part and denied in part Defendants’ motion for

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summary judgment. ECF No. 91. In light of Judge Sammartino’s order, the Court resets the

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remaining pretrial deadlines as follows:

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1.

ECF No. 76.

Counsel shall file their Memoranda of Contentions of Fact and Law and take any

other action required by Local Rule 16.1(f)(2) by November 21, 2019.
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Counsel shall comply with the pre-trial disclosure requirements of Fed. R. Civ. P.

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26(a)(3) by November 21, 2019. Failure to comply with these disclosure requirements could

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result in evidence preclusion or other sanctions under Fed. R. Civ. P. 37.

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3.

Counsel shall meet and take the action required by Local Rule 16.1(f)(4) by

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November 29, 2019.

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stipulations and agreements resulting in simplification of the triable issues. Counsel shall

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exchange copies and/or display all exhibits other than those to be used for impeachment. The

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exhibits shall be prepared in accordance with Local Rule 16.1(f)(4)(c). Counsel shall note any

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objections they have to any other parties’ Pretrial Disclosures under Fed. R. Civ. P. 26(a)(3).

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Counsel shall cooperate in the preparation of the proposed pretrial conference order.

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4.

At this meeting, counsel shall discuss and attempt to enter into

Counsel for plaintiff will be responsible for preparing the pretrial order and

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arranging the meetings of counsel pursuant to Civil Local Rule 16.1(f). By December 5, 2019,

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plaintiff’s counsel must provide opposing counsel with the proposed pretrial order for review and

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approval. Opposing counsel must communicate promptly with plaintiff’s attorney concerning

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any objections to form or content of the pretrial order, and both parties shall attempt promptly

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to resolve their differences, if any, concerning the order.

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5.

The Proposed Final Pretrial Conference Order, including objections to any other

parties’ Fed. R. Civ. P. 26(a)(3) Pretrial Disclosures shall be prepared, served and lodged with
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the assigned district judge by December 12, 2019, and shall be in the form prescribed in and

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comply with Local Rule 16.1(f)(6).

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6.

The final Pretrial Conference is scheduled on the calendar of the Honorable Janis

L. Sammartino on December 19, 2019 at 1:30 p.m.
IT IS SO ORDERED.
Dated: 9/18/2019

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16cv1736-JLS (BLM)