Trejo et al v. County of Imperial et al

Filing 160

Amended Scheduling Order: Memorandum of Contentions of Fact and Law due by 1/2/2024., Proposed Pretrial Order due by 1/12/2024., Final Pretrial Conference set for 1/19/2024 01:30 PM before Magistrate Judge David D. Leshner., Jury Trial set for 1/29/2 024 09:00 AM before Magistrate Judge David D. Leshner., Status Conference set for 12/13/2023 03:30 PM before Magistrate Judge David D. Leshner. Responses due by 1/2/2024; Replies due by 1/9/2024; Motion Hearing set for 1/19/2024 01:30 PM before Magistrate Judge David D. Leshner. Signed by Magistrate Judge David D. Leshner on 11/14/2023.(All non-registered users served via U.S. Mail Service)(exs)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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JOSE TREJO, et al.,

Case No.: 20-cv-1465-DDL
Plaintiffs,

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v.

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COUNTY OF IMPERIAL, et al.,

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AMENDED SCHEDULING ORDER

Defendants.

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On November 8, 2023, the Court held a Status Conference to discuss the pretrial and

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trial schedule with the parties. For the reasons discussed at the conference, the Court

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ORDERS as follows:

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1.

Counsel for the parties must appear for a Status Conference on December 13,

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2023 at 3:30 p.m. by videoconference. A videoconference link will be provided in advance

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of the Status Conference.

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2.

Motions in Limine. All motions in limine must be filed by not later than

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December 19, 2023. Each side (i.e., Plaintiffs, the County, and CFMG) must file its

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motions in limine as a single document of no more than 30 pages. Each discrete motion

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therein must be consecutively numbered. Briefs in opposition must also be filed as a single

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document not to exceed 30 pages and must be filed by not later than January 2, 2024. No

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replies are permitted.
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3.

Daubert motions. All Daubert motions must be filed by not later than

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December 19, 2023. Each side (see above) must file its Daubert motions as a single

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document of no more than 25 pages. Briefs in opposition must be filed by not later than

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January 2, 2024 and must not exceed 25 pages. Replies must be filed by not later than

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January 9, 2024 and must not exceed 10 pages.

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4.

The Court will hold a hearing on the parties’ Daubert motions and motions in

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limine on January 19, 2024 at 1:30 p.m.

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appearances will follow.

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5.

Instructions for in-person and remote

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

any other action required by Civil Local Rule 16.1(f)(2) by not later than January 2, 2024.

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6.

Counsel shall comply with the pretrial disclosure requirements of Federal

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Rule of Civil Procedure 26(a)(3) by not later than January 2, 2024. 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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7.

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

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not later than January 5, 2024. Counsel shall work cooperatively to prepare a final pretrial

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conference order, which addresses the following:

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a.

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page, of the nature of the case and the claims and defenses.

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b.

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For each cause of action, the order shall succinctly list the elements of the

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claim, damages/remedies, and any defenses. Any cause of action in the

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complaint which is not listed shall be dismissed with prejudice.

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c(1). A list of each witness counsel expect to call at trial with a brief

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statement, not exceeding four sentences, of the substance of the witnesses’

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testimony.

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A joint neutral statement to be read to the jury, not in excess of one

A list of the causes of action to be tried, referenced to the complaint.

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c(2). A list of each expert witness counsel expect to call at trial with a

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brief statement, not exceeding four sentences, of the substance of the

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witnesses’ testimony.

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c(3). A list of additional witnesses, including experts, counsel do not

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expect to call at this time but reserve the right to call at trial along with a

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brief statement, not exceeding four sentences, of the substance of the

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witnesses’ testimony.

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d(1). A list of all exhibits that counsel expect to offer at trial with a one-

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sentence description of the exhibit. All exhibits will be identified

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numerically. Plaintiff’s exhibits will be numbered 1 through 99; the

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County’s exhibits will be numbered 100 through 199; and CFMG’s

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exhibits will be numbered 200 through 299.

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d(2). A list of all other exhibits that counsel do not expect to offer at this

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time but reserve the right to offer if necessary at trial with a one-sentence

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description of the exhibit.

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e.

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shall be on a separate page and will be read to and provided to the jury at

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the beginning of trial.

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f.

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depositions by section, that will be offered at trial.

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g.

Estimated number of hours per side for trial.

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h.

Counsel will note any objections they have to any other parties’

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Federal Rules of Civil Procedure 26(a)(3) pretrial disclosures.

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8.

A statement of all facts to which the parties stipulate. This statement

A list of all deposition transcripts by page and line, or videotape

Counsel for Plaintiff will be responsible for preparing the Proposed Pretrial

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Order and arranging the meetings of counsel pursuant to Civil Local Rule 16.1(f). By not

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later than January 8, 2024, Plaintiff’s counsel must provide opposing counsel with the

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Proposed Pretrial Order for review and approval. Opposing counsel must communicate

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promptly with Plaintiff’s attorney concerning any objections to form or content of the
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Proposed Pretrial Order, and both Parties shall attempt promptly to resolve their

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differences, if any, concerning the Proposed Pretrial Order.

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The Proposed Final Pretrial Conference Order, including objections to any

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other Party’s Federal Rule of Civil Procedure 26(a)(3) Pretrial Disclosures, shall be

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prepared, served, and lodged with the undersigned’s chambers by not later than January

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12, 2024, and shall be in the form prescribed by and comply with Civil Local Rule

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16.1(f)(6).

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10.

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

David D. Leshner on January 19, 2024 at 1:30 p.m.

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Trial will begin on January 29, 2024 at 9:00 a.m.

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

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shown.
IT IS SO ORDERED.
Dated: November 14, 2023

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Hon. David D. Leshner
United States Magistrate Judge

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