Abdi v. County of San Diego et al
Filing
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Scheduling Order Regulating Discovery and Other Pre-Trial Proceedings. (Doc. No. 20 ) The Proposed Pretrial Order is due by 10/13/2020. The Final Pretrial Conference is reset for 10/19/2020 at 10:30 AM before Judge Roger T. Benitez. Mandatory Settlement Conference is reset for 5/18/2020 09:30 AM before Magistrate Judge Karen S. Crawford. Signed by Magistrate Judge Karen S. Crawford on 10/4/2019. (tcf)
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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Case No.: 18cv713-BEN(KSC)
ABDIRIZAK ABDI,
Plaintiff,
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v.
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SCHEDULING ORDER
REGULATING DISCOVERY
AND OTHER PRE-TRIAL
PROCEEDINGS
COUNTY OF SAN DIEGO; et al.,
Defendants.
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Before the Court is the parties’ Joint Motion to Continue Discovery and Pre-Trial
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Deadlines. In the Joint Motion, the parties request that the Court extend the deadline for
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completing fact discovery and adjust other dates and deadlines as necessary. The parties
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seek additional time to complete discovery because of unexpected scheduling conflicts,
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including defense counsel’s trial schedule. In addition, the parties are engaged in
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ongoing settlement negotiations and believe postponing deadlines with assist the parties
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in fully exploring settlement possibilities before incurring unnecessary litigation
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expenses. [Doc. No. 20, at pp. 1-2.]
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1.
All fact discovery shall be completed by all parties by January 3, 2020.
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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
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of time in advance of the cut-off date, so that it may be completed by the cut-off date,
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taking into account the times for service, notice and response as set forth in the Federal
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Rules of Civil Procedure. Counsel shall promptly and in good faith meet and confer
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regarding all discovery disputes in compliance with Civil Local Rule 26.1(a). The
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Court expects counsel to make every effort to resolve all disputes without court
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intervention through the meet and confer process. If the parties reach an impasse on any
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discovery issue, counsel shall file an appropriate motion within the time limit and
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procedures outlined in the undersigned magistrate judge’s chambers rules. A failure to
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comply in this regard will result in a waiver of a party’s discovery issue. Absent an
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order of the court, no stipulation continuing or altering this requirement will be
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recognized by the court.
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2.
The parties shall designate their respective experts in writing by February 3,
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2020. Pursuant to Federal Rule of Civil Procedure 26(a)(2)(A), the parties must identify
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any person who may be used at trial to present evidence pursuant to Rules 702, 703 or
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705 of the Federal Rules of Evidence. This requirement is not limited to retained experts.
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The date for exchange of rebuttal experts shall be by February 18, 2020. The written
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designations shall include the name, address and telephone number of the expert and a
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reasonable summary of the testimony the expert is expected to provide. The list shall
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also include the normal rates the expert charges for deposition and trial testimony.
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3.
By March 23, 2020, 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
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trial. In addition, the Court may impose sanctions as permitted by Federal Rule of
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Civil Procedure 37(c).
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4.
Any party shall supplement its disclosure regarding contradictory or rebuttal
evidence under Federal Rules of Civil Procedure 26(a)(2)(D) and 26(e) by April 3, 2020.
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All expert discovery shall be completed by all parties by May 6, 2020. The
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parties shall comply with the same procedures set forth in the paragraph governing fact
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discovery. Failure to comply with this section or any other discovery order of the court
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may result in the sanctions provided for in Federal Rule of Civil Procedure 37, including
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a prohibition on the introduction of experts or other designated matters in evidence.
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6.
When filing a Motion for Summary Judgment and/or Adjudication, the
parties need not file a separate statement of material facts absent prior leave of court.
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A Mandatory Settlement Conference shall be conducted on May 18, 2020 at
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9:30 a.m. in the chambers of Magistrate Judge Karen S. Crawford. Counsel or any
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party representing himself or herself shall lodge confidential settlement briefs directly to
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chambers by May 11, 2020. All parties are ordered to read and to fully comply with the
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Chamber Rules of the assigned magistrate judge.
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8.
All other pretrial motions must be filed by June 15, 2020. Counsel for the
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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 time between the date you request a motion date and the hearing
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date may vary from one district judge to another. Please plan accordingly. Failure to
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make a timely request for a motion date may result in the motion not being heard.
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Deadlines for filing motions in limine will be set by the district judge at the final Pretrial
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Conference.
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9.
In jury trial cases before the Honorable Roger T. Benitez, neither party,
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unless otherwise ordered by the Court, is required to file Memoranda of Contentions of
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Fact and Law pursuant to Civil Local Rule 16.1(f)(2).
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10.
Counsel shall comply with the pre-trial disclosure requirements of Federal
Rule of Civil Procedure 26(a)(3) by September 21, 2020. Failure to comply with these
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disclosure requirements could result in evidence preclusion or other sanctions under
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Federal Rule of Civil Procedure 37.
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11.
Counsel shall meet and take the action required by Civil Local Rule
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16.1(f)(4) by September 28, 2020. At this meeting, counsel shall discuss and attempt to
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enter into stipulations and agreements resulting in simplification of the triable issues.
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Counsel shall exchange copies and/or display all exhibits other than those to be used for
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impeachment. The exhibits shall be prepared in accordance with Civil Local Rule
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16.1(f)(4)(c). Counsel shall note any objections they have to any other parties’ Pretrial
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Disclosures under Federal Rule of Civil Procedure 26(a)(3). Counsel shall cooperate in
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the preparation of the proposed pretrial conference order.
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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 16.1(f). By October 5,
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2020, plaintiff’s counsel must provide opposing counsel with the proposed pretrial order
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for review and approval. Opposing counsel must communicate promptly with plaintiff’s
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attorney concerning any objections to form or content of the pretrial order, and both
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parties 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’ Federal Rule of Civil Procedure 26(a)(3) Pretrial Disclosures shall be
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prepared, served and lodged with the assigned district judge by October 13, 2020, and
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shall be in the form prescribed in and comply with Civil Local Rule 16.1(f)(6).
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14.
The final Pretrial Conference is scheduled on the calendar of the Honorable
Roger T. Benitez on October 19, 2020 at 10:30 a.m.
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The parties must review the chambers’ rules for the assigned district judge
and magistrate judge.
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A post trial settlement conference before a magistrate judge may be held
within 30 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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19.
Plaintiff’s counsel shall serve a copy of this order on all parties that enter
this case hereafter.
IT IS SO ORDERED.
Dated: October 4, 2019
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