Grizzle v. San Diego, County of et al

Filing 142

ORDER: (1) Granting 141 Joint Motion to Extend Discovery-Related Pretrial Deadlines; and (2) Fourth Amended Scheduling Order. The Mandatory Settlement Conference is set for 4/6/2022 at 9:30 AM before Magistrate Judge Ruth Bermudez Montenegro. The Memorandum of Contentions of Fact and Law is due by 4/14/2022. The Proposed Pretrial Order is due by 5/5/2022. The Final Pretrial Conference is set for 5/12/2022 at 1:30 PM in Courtroom 4D before Judge Janis L. Sammartino. Signed by Magistrate Judge Ruth Bermudez Montenegro on 6/21/2021. (tcf)

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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.: 17-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 TO.
EXTEND DISCOVERY-RELATED .
PRETRIAL DEADLINES;

Defendants.

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AND

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(2) FOURTH AMENDED
SCHEDULING ORDER

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[Docs. 135, 141]

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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 Forty-Five Days ("Joint Motion"). (Doc. 141.) The Joint Motion

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~equests that the Court continue the discovery-related pretrial deadlines set forth in the

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March 15, 2021 Third Amended Scheduling Order ("Scheduling Order") by forty-five

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days. (Docs. 135, 141 a~ 1, 4.) This is the parties' fourth request for a continuance. (Doc.
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141 at 2.) The parties allege good cause exists for a continuance because Plaintiffs

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incarcerated status has prevented timely completion of written discovery and hindered the

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ability of Defendants to propound Plaintiffs deposition in a timely fashion. (Id. at 2.) The

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parties contend they are ready to proceed with Plaintiffs deposition on July 12, 2021, and

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do not anticipate another delay. (Id. at 3.) Moreover, the parties allege a continuance will

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not prejudice the parties. (Id.)

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

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the judge's consent. FED. R. CIV. P. 16(b)(4 ); see, e.g., Johnson v. Mammoth Recreations~

9 Inc., 975 F.2d 604, 609 (9th Cir. 1992) (stating, "the focus of [the good cause] inquiry is
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upon the moving party's reasons for seeking modification.").

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This case was in the initial pleading stage from 2017-2020 (Docs. 1-121 ). However,

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the parties have acted diligently since Defendants answered the Third Amended Complaint,

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and they have attempted to comply with the Scheduling Order deadlines. (See Docs. 123,

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128, 132-133, 136-137.) The Court takes note of the parties' diligence and the challenges

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

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

17 fact and exp~rt discovery. As such, good cause exists to grant a continuance of time. The
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parties are cautioned, however, that discovery should be pursued diligently to avoid further

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delays or continuances.

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Accordingly, the Joint Motion (Doc. 141) is GRANTED. The March 15, 2021
Scheduling Order (Doc. 135) is hereby AMENDED AS FOLLOWS:
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All fact discovery shall be completed by all parties by August 30, 2021.

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"Completed" means that all discovery under Rules 30-36 of the Federal Rules of Civil

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

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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.

If the parties reach an impasse on any discovery

The parties shall designate their respective experts in writing by October 4,

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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 ofthe 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 October
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18, 2021. The written designations shall include the name, address and telephone number

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of the expert anda·reasonable summary of the testimony the expert is expected to provide.

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The list will include the normal rates the expert charges for deposition·and trial testimony.

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3.

By November 15, 2021, each party shall comply with the disclosure

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

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disclosure requi~ement applies to all persons retained or specially employed to provide

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

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

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

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

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addition, 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 November 29, 2021.

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5. · All expert discovery shall be completed by all parties by December 13, 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 January 7, 2022. Counsel for the

3 moving party must obtain a motion hearing date from the law clerk of the judge who will
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hear the motion. The period of time between the date you request a motion date and the

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hearing date may vary fro~ one district judge to another. Please plan accordingly. Failure

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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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8.

A Mandatory Settlement Conference shall be conducted on April 6, 2022 at

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

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Adams Ave., Suite 220, El Centro, California 92243. Counsel or any party representing

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himself or herself shall submit confidential settlement briefs directly to chambers by

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March 25, 2022. All parties are ordered to read and to fully comply with the Chamber

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Rules of the assigned magistrate judge.

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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 16.1(±)(2) by April 14, 2022.
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Counsel shall comply with the pre-trial disclosure requirements of FED; R. ·

18 ·cIV. P. 26(a)(3) by April 14, 2022. Failure to comply with these disclosure requirements
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could result in evidence preclusion or other sanctions under FED. R. CIV. P. 37.
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Couns~l shall meet and take the action required by Civil Local Rule 16.1 (f)(4)

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by April 21, 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 LocalRule 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.

Counsel for Plaintiff will be responsible for preparing the pretrial order and
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1 arranging the meetings of counsel pursuant to Civil Local Rule 16.1 (f). By April 28, 2022,
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Plaintiff's 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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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 May 5, 2022, and shall be in the form_ prescribed

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in and comply with Civil Local Rule 16.1(±)(6).

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14.

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

Janis L. Sammartino on May 12, 2022 at 1:30 p.m.

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15.

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

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16.

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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Ill

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Ill

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Ill

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Ill

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III
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17-cv-O0813-JLS-RBM

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IT IS SO ORDERED.

Dated: June 21, 2021

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~NEGR
UNITED STATES MAGISTRATE JUDGE

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