Jones v. Special Commitment Center et al

Filing 51

ORDER granting 47 Motion for Jury Trial and Setting Trial Date and Pretrial Schedule as follows: Plaintiff's Motion to Appoint Counsel due by 6/3/16; Limited additional discovery to be completed by 9/16/2016, Mediation per LCR 39.1(c) held no later than 10/3/2016, Plaintiff's LCR 16(h) Pretrial Statement due by 10/10/2016, Defendant's LCR 16(h) Pretrial Statement due by 10/17/2016, Motions in Limine must be filed by 10/24/2016, Proposed pretrial order and exhibits due by 11/28 /2016, jury instructions and trial briefs due by 12/2/2016, final pretrial conference (LCR 16(l)) to be set as needed; and Jury Trial, estimated trial length: 5 days, is set for 12/12/2016 at 09:00 AM in D Courtroom before Judge J Richard Creatura. Signed by Judge J Richard Creatura.(CMG)cc to Plaintiff

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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8 JAMES EDWARD JONES,
Plaintiff,

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v.

11 SPECIAL COMMITMENT CENTER et al.,
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Case No. 3:14-CV-05018-JRC
ORDER GRANTING MOTION
FOR JURY TRIAL AND SETTING
TRIAL DATE AND PRETRIAL
SCHEDULE

Defendants.
Plaintiff, James Edward Jones, appealed the district court’s order granting summary

14 judgment in his 42 U.S.C. § 1983 action alleging that his constitutional rights were violated
15 while housed at the Special Commitment Center (“SCC”) because the water in plaintiff’s
16 housing unit was brown, had floating debris and caused plaintiff gastrointestinal distress and
17 vomiting. Dkt. 44 at 2-3. The Ninth Circuit Court of Appeals ruled that plaintiff had raised a
18 genuine issue of material fact as to whether defendant Strong violated his Fourteenth
19 Amendment rights and remanded this case for further proceedings. Dkt. 44. The Ninth Circuit
20 affirmed dismissal of all other claims and all other defendants. See id.
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Before the Court is plaintiff’s motion for a jury trial (Dkt. 47). The parties also conferred

22 and submitted a joint status report. Dkt. 49.
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ORDER GRANTING MOTION FOR JURY
TRIAL AND SETTING TRIAL DATE AND
PRETRIAL SCHEDULE- 1

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A. Motion for Jury Trial
Based on the joint status report filed on April 22, 2016, the parties consent to permit

3 Magistrate Judge Creatura to conduct all proceedings in this case, including a jury trial, and to
4 order entry of judgment. Thus, plaintiff’s motion (Dkt. 47) is granted.
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B. Pretrial Schedule
Accordingly, the Court hereby finds and ORDERS the following pretrial schedule:
Event

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Plaintiff’s Motion to Appoint Counsel

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Limited additional discovery to be completed by

Date
June 3, 2016
September 16, 2016

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Mediation per LCR 39.1(c) held no later than

October 3, 2016

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Plaintiff’s LCR 16(h) Pretrial Statement due

October 10, 2016

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Defendant’s LCR 16(i) Pretrial Statement due

October 17, 2016

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October 24, 2016

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All motions in limine must be filed by this date and noted on the
motion calendar no later than the second Friday after filing.
Any opposition papers shall be filed and served no later than the
Monday before the noting date.
Agreed LCR 16.1 Pretrial Order and exhibits due

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Jury Instructions and trial briefs due

December 2, 2016

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Final pretrial conference (LCR 16(l))

To be set as needed

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Jury Trial
Estimated trial length: 5 days

December 12, 2016

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ORDER GRANTING MOTION FOR JURY
TRIAL AND SETTING TRIAL DATE AND
PRETRIAL SCHEDULE- 2

November 28, 2016

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1. Appointment of Counsel
Plaintiff may move for the Court to appoint counsel on or before June 3, 2016. The Court

3 notes that it has discretion to appoint counsel for indigent civil litigants pursuant to 28 U.S.C. §
4 1915(e)(1).
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2. Discovery and Cooperation
All discovery matters are to be resolved by agreement if possible. See CR 37. Counsel

7 are also directed to cooperate in preparing the final pretrial order in the format required by CR
8 16.1, except as ordered below. This Order sets firm dates that can be changed only by order of
9 the Court, not by agreement of counsel for the parties. The Court will alter these dates only upon
10 good cause shown. If any of the dates identified in this Order or the Local Civil Rules fall on a
11 weekend or federal holiday, the act or event shall be performed on the next business day.
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3. Pretrial Statements, Orders and Exhibits
The parties shall submit their respective pretrial statements and the agreed pretrial order

14 in conformity with LCR 16 and LCR 16.1. The original and one copy of the trial exhibits are to
15 be delivered to Judge Creatura’s chambers on the date the pretrial order is due. Each exhibit
16 shall be clearly marked. Each set of exhibits shall be submitted in a three-ring binder with
17 appropriately numbered tabs.
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4. Settlement and Mediation
The Court designates this case for mediation under LCR 39.1(c), and the parties are

20 directed to follow through with the procedures set forth in that rule. If this case settles,
21 plaintiff’s counsel shall notify the Court. Pursuant to LCR11(b), an attorney who fails to give
22 the Deputy Clerk prompt notice of settlement may be subject to such discipline as the Court
23 deems appropriate.
ORDER GRANTING MOTION FOR JURY
TRIAL AND SETTING TRIAL DATE AND
PRETRIAL SCHEDULE- 3

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The Clerk is directed to send copies of this Order to all parties of record.

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DATED this 11th day of May, 2016.
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J. Richard Creatura
United States Magistrate Judge

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ORDER GRANTING MOTION FOR JURY
TRIAL AND SETTING TRIAL DATE AND
PRETRIAL SCHEDULE- 4