Estate of Timothy Gene Smith et al v. City of San Diego et al

Filing 272

ORDER - Final Pretrial Conference set for 8/9/2022 09:00 AM before District Judge William Q. Hayes. Signed by District Judge William Q. Hayes on 5/20/2022.(All non-registered users served via U.S. Mail Service)(ave)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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ESTATE OF TIMOTHY GENE SMITH,
by his successor in interest Wyatt Allen
Gunner Smith; SANDY LYNN
SIMMONS; and WYATT ALLEN
GUNNER SMITH,

ORDER

Plaintiffs,
v.
SCOTT HOLSLAG; NATALIE
ANN MACEY, as an individual
doing business as Macey Bail
Bonds; LEGAL SERVICE
BUREAU, INC., a California
domestic corporation doing business
as Global Fugitive Recovery; DAN
ESCAMILLA, as an individual and
on behalf of Legal Service Bureau,
Inc.; CITY OF SAN DIEGO;
DAVID BRECHT; ISMAEL SOTO,
as an individual; and DOES 1-50,
inclusive,
Defendants.

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Case No.: 16-cv-2989-WQH-MSB

HAYES, Judge:

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On December 31, 2021, the Court issued an Order granting the Motions for

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Summary Judgment filed by Defendants David Brecht and City of San Diego, Dan
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Escamilla, and Natalie Ann Macey, and granting in part and denying in part the Motion for

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Summary Judgment filed by Defendants Scott Holslag and City of San Diego. (ECF No.

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255).

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On January 29, 2021, Holslag filed a Notice of Appeal. (ECF No. 258). On March

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18, 2021, the Court stayed this action pending the outcome of Holslag’s interlocutory

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appeal. (ECF No. 264). On April 26, 2022, the Court of Appeals issued a Memorandum

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Opinion affirming this Court’s denial of Holslag’s summary judgment motion as to the

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defense of qualified immunity and remanding for jury trial. On May 18, 2022, the Court of

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Appeals issued the Mandate. (ECF No. 271).

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IT IS HEREBY ORDERED that the stay of this action is lifted. The Mandate of the
Court of Appeals is spread.

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IT IS FURTHER ORDERED that the pretrial deadlines are reset as follows:

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1.

The parties shall fully comply with the pretrial disclosure requirements of

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Federal Rule of Civil Procedure 26(a)(3) on or before July 22, 2022. Failure to comply

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with these disclosure requirements could result in evidence preclusion or other sanctions

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under Federal Rule of Civil Procedure 37.

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2.

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

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on or before July 29, 2022. At this meeting, counsel shall discuss and attempt to enter into

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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.

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The exhibits shall be prepared in accordance with Local Rule16.1(f)(4)(c). Counsel shall

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note any objections they have to any other parties’ pretrial disclosures under Federal Rule

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of Civil Procedure 26(a)(3). Counsel shall cooperate in the preparation of the proposed

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pretrial conference order.

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3.

Counsel for Plaintiffs 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 August 5, 2022,

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Plaintiffs’ counsel must provide opposing counsel with the proposed pretrial order for

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review and approval. Opposing counsel must communicate promptly with Plaintiffs’
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counsel concerning any objections to form or content of the pretrial order, and both parties

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shall attempt promptly to resolve their differences, if any, concerning the order.

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4.

The proposed final pretrial order, including objections to any other party’s

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Rule 26(a)(3) pretrial disclosures, shall be filed and emailed in Word format to

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[e-mail] by August 12, 2022, and shall be in the form prescribed in

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and comply with Civil Local Rule 16.1(f)(6). The proposed final pretrial order shall

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separately and specifically identify as to each remaining Plaintiff the specific remaining

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Defendant or Defendants against whom each remaining cause of action is to be tried. Any

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cause of action in the Third Amended Complaint that is not listed in the final pretrial order

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will be dismissed with prejudice pursuant to Civil Local Rule 16.1(f)(6)(c)(2).
5.

The final pretrial conference shall be held on September 9, 2022, at 9:00

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a.m., in Courtroom 14B.

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Dated: May 20, 2022

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