Grizzle v. San Diego, County of et al

Filing 135

ORDER: (1) Granting 134 Joint Motion for Continuance; and (2) Third Amended Scheduling Order. A Mandatory Settlement Conference is set for 2/9/2022 at 9:30 AM before Magistrate Judge Ruth Bermudez Montenegro. A Memoranda of Contentions of Fact an d Law is due by 2/25/2022. The Proposed Pretrial Order is due by 3/17/2022. The Final Pretrial Conference is set for 3/24/2022 at 1:30 PM in Courtroom 3D before Judge Janis L. Sammartino. Signed by Magistrate Judge Ruth Bermudez Montenegro on 3/12/2021. (tcf)

Case 3:17-cv-00813-JLS-RBM Document 135 Filed 03/15/21 PageID.816 Page 1 of 6

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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ELLIOT SCOTT GRIZZLE,

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Case No.: l 7-cv-00813-JLS-RBM
Plaintiff,

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v.

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ORDER:

COUNTY OF SAN DIEGO, et al.,

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(1) GRANTING JOINT MOTION
FOR CONTINUANCE;

Defendants.
AND

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(2) THIRD AMENDED
SCHEDULING ORDER

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[Docs. 131, 134]

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Before the Court is Plaintiff Elliot Scott Grizzle ("Plaintiff') and Defendants County

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of San Diego, Sheriff William Gore, Lieutenant Lena Lovelace, and Sergeant Aaron

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Boorman's (collectively "-Defendants") Joint Application to Extend Discovery-Related

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Pretrial Deadlines by Sixty Days ("Joint Motion"). (Doc. 134.) The Joint Motion requests

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that the Court continue_ the fact and expert discovery dates set forth in the February 18,

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2021 Second -Amended Scheduling Order ("Scheduling Order") by sixty days, and the

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pretrial motions cutoffby thirty days. (Id. at 1.) This is the parties' third request for

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continuance. (Id. at 2.) The parties allege good cause exists for a continuance, because
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1 _Plaintiffs incarcerated status has resulted in delays preventing timely completion of
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discovery. (See id. at 2-4.) The parties contend that additional time to conduct discovery

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will allow sufficient time for briefing on a motion to compel if required, and will give the

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parties time to retain necessary experts. (See id. at 2-4.)

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A scheduling order may be modified only upon a showing of good cause and with

6 the judge's consent. FED. R. CIV. P. 16(b)(4); see, e.g., Johnson v. Mammoth Recreations,
7 Inc., 975 F.2d 604, 609 (9th Cir. 1992) (stating, "the focus of [the good cause] inquiry is
8 upon the moving party's reasons for seeking modification."). This case was in the initial
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pleading stage from 2017-2020 (Docs. 1-121). However, the parties have acted diligently

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since Defendants answered the· Third Amended Complaint, and they have attempted to

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comply with the Scheduling Order deadlines. (See Docs. 123, 128, 132-133; see also Doc.

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134 at 2.) The Court takes note of the parties' diligence and the challenges that the ongoing

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COVID-19 pandemic presents to the discovery process, especially for incarcerated

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litigants. A continuance of time allows the parties additional time to conduct fact and

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expert discovery, all while navigating litigation amid the ongoing COVID-19 pandemic.

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As such, good cause exists to grant a continuance of time. The parties are cautioned,

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however, that discovery should be pursued diligently to avoid further delays or

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continuances.

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Accordingly, the Joint Motion (Doc. 134) is GRANTED. The February 18, 2021
Scheduling Order (Doc. 131) is hereby AMENDED AS FOLLOWS:
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All fact discovery shall be completed by all parties by July 16, 2021.

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Procedure, and discovery subpoenas under Rule 45, must be initiated a sufficient period of

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time in advance of the cut-off date, so that it may be completed by the cut-off date, taking

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into account the times for service, notice and response as set forth in the Federal Rules of

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Civil Procedure. Counsel shall promptly and in good faith meet and confer with

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regard to all discovery disputes in compliance with Civil Local Rule 26.l(a). The Court

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expects counsel to make every effort to resolve all disputes without court intervention
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1 through the meet and confer process.

If the parties reach an impasse on any discovery

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issue, counsel shall file an appropriate motion within the time limit and procedures outlined

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in the undersigned magistrate judge's chambers rules. A failure to comply in this regard

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will result in a waiver of a party's discovery issue. Absent an order of the Court, no

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stipulation continuing or altering this requirement will be recognized by the Court.

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2.

The parties shall designate their respective experts in writing by August 20,

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2021. The parties must identify any person who may be used at trial to present evidence

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under to Rules 702, 703 or 705 of the Federal Rules of Evidence. This requirement is not

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limited to retained experts.

The date for exchange of rebuttal experts shall be by

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September 3, 2021.

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telephone number of the expert and a reasonable summary of the testimony the expert is

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expected to provide. The list will include the normal rates the expert charges for deposition

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and trial testimony.

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3.

The written designations shall include the name, address and

By October l, 2021, each party shall comply with the disclosure provisions

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in Rule 26(a)(2)(A) and (B) of the Federal Rules of Civil Procedure. This disclosure

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requirement applies to all persons retained or specially employed to provide expert

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testimony, or whose duties as an employee of the party regularly involve the giving of

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expert testimony. Except as provided in the paragraph below, any party that fails to

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make these disclosures shall not, absent substantial justification, be permitted to use

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evidence or testimony not disclosed at any hearing or at the time of trial. In addition,

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the Court may impose sanctions as permitted by FED. R. CIV. P. 37(c).

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4.

Any party shall supplement its disclosure regarding contradictory or rebuttal

evidence under FED. R. CIV. P. 26(a)(2)(D) by October 15, 2021.
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All expert discovery shall be completed by all parties by October 29, 2021.

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The parties shall comply with the same procedures set forth in the paragraph governing

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fact discovery.

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6.

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Failure to comply with this section or any other discovery order of the court

may result in the sanctions provided for in FED. R. CIV. P. 37, including a prohibition on
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1 the introduction of experts or other designated matters in evidence.
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7.

All other pretrial motions must be filed by November 23, 2021. Counsel for

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the moving party must obtain a motion hearing date from the law clerk of the judge who

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will hear the motion. The period of time between the date you request a motion date and

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the hearing date may vary from one district judge to another. Please plan accordingly.

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Failure to make a timely request for a motion date may result in the motion not being heard.

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Motions in limine are to be filed as directed in the Civil Local Rules, or as otherwise set

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by the district judge.

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A Mandatory Settlement Conference shall be conducted on February 9, 2022

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at 9:30 a~m. in the chambers of Magistrate Judge Ruth Bermudez Montenegro, 2003

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W. Adams Ave., Suite 220, El Centro, California 92243.

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representing himself or herself shall submit confidential settlement briefs directly to

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chambers by January 28, 2022. All parties are ordered to read and to fully comply with

Counsel or any party

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

any other action required by Civil Local Rule 16.l(f)(2).by February 25, 2022.

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10.

Counsel shall comply with the pre-trial disclosure requirements of FED. R.

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CIV. P. 26(a)(3) by February 25, 2022.

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requirements could result in evidence preclusion or other sanctions under FED. R. CIV. P.

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37.

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Failure to comply with these disclosure

Counsel shall meet and take the action required by Civil Local Rule 16.l(f)(4)

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by March 4, 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 Civil Local Rule 16.l(f)(4)(c). Counsel

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shall note any objections they have to any other parties' Pretrial Disclosures under FED. R ..

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CIV. P. 26(a)(3). Counsel shall cooperate in the preparation of the proposed pretrial

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conference order.
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12.

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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.l(f). By March 11,

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2022, Plaintiffs counsel must provide opposing counsel with the proposed pretrial order

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for review and approval. Opposing counsel must communicate promptly with Plaintiffs

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attorney 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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13.

The Proposed Final Pretrial Conference Order, including objections to any

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other parties' FED. R. CIV. P. 26(a)(3) Pretrial Disclosures shall be prepared, served and

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lodged with the assigned district judge by March 17, 2022, and shall be in the form

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prescribed in and comply with Civil Local Rule 16.l(f)(6).

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The Final Pretrial Conference is scheduled on the calendar of the Honorable

JanisL. Sammartino on March 24, 2022 at 1:30 p.m.

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The parties must review the chambers' rules for the assigned magistrate judge.

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A post trial settlement conference before a magistrate judge may be held

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within thirty days of verdict in the case.

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The dates and times set forth herein will not be modified except for good cause

shown.

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18.

Briefs or memoranda in support of or in opposition to any pending motion

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shall not exceed twenty-five (25) pages in length without leave of a district court judge.

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No reply memorandum shall exceed ten (10) pages without leave of a district court judge.

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Briefs and memoranda exceeding ten (10) pages in length shall have a table of contents

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and a table of authorities cited.

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Plaintiffs counsel shall serve a copy of this order on all parties that enter this

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case hereafter.

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III

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III

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Ill

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III

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IT IS SO ORDERED.

Dated: March 12, 2021

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·~GRO.
UNITED STATES MAGISTRATE JUDGE

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