Alejandre v. County of San Joaquin ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 CINDY M. ALEJANDRE and DAVID No. 2:19-cv-00233 WBS KJN GONZALEZ II as co-successors- 13 in-interest to Decedent David Gonzalez III, 14 Plaintiffs, 15 v. 16 COUNTY OF SAN JOAQUIN, a 17 municipal corporation; and DOES 1-50, inclusive, 18 individually and in their official capacity as 19 Sheriff’s Deputies for the San Joaquin County Sheriff’s 20 Department, 21 Defendants. 22 23 ----oo0oo---- 24 STATUS (PRETRIAL SCHEDULING) ORDER 25 After reviewing the parties’ Joint Status Report, the 26 court hereby vacates the Status (Pretrial Scheduling) Conference 27 scheduled for January 6, 2020, and makes the following findings 28 and orders without needing to consult with the parties any 1 further. 2 I. SERVICE OF PROCESS 3 All defendants have been served,1 and no further 4 service is permitted without leave of court, good cause having 5 been shown under Federal Rule of Civil Procedure 16(b). 6 II. JOINDER OF PARTIES/AMENDMENTS 7 No further joinder of parties or amendments to 8 pleadings will be permitted except with leave of court, good 9 cause having been shown under Federal Rule of Civil Procedure 10 16(b). See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 11 (9th Cir. 1992). 12 III. JURISDICTION/VENUE 13 Jurisdiction is predicated upon 28 U.S.C. §§ 1331 and 14 1343, because plaintiffs’ claims arise under 42 U.S.C. § 1983. 15 This court has supplemental jurisdiction over plaintiffs’ state 16 law claims pursuant to 28 U.S.C. § 1367. Venue is undisputed and 17 hereby found to be proper. 18 IV. DISCOVERY 19 The parties agree to serve the initial disclosures 20 required by Federal Rule of Civil Procedure 26(a)(1) on or before 21 February 14, 2020. 22 The parties shall disclose experts and produce reports 23 in accordance with Federal Rule of Civil Procedure 26(a)(2) by no 24 later than September 18, 2020. With regard to expert testimony 25 intended solely for rebuttal, those experts shall be disclosed 26 1 If plaintiffs wish to substitute individual deputies 27 for the current Doe defendants after reviewing the County’s autopsy and protocol investigation report, they must do so either 28 by stipulation or noticed motion. 1 and reports produced in accordance with Federal Rule of Civil 2 Procedure 26(a)(2) on or before October 16, 2020. 3 All discovery, including depositions for preservation 4 of testimony, is left open, save and except that it shall be so 5 conducted as to be completed by November 20, 2020. The word 6 “completed” means that all discovery shall have been conducted so 7 that all depositions have been taken and any disputes relevant to 8 discovery shall have been resolved by appropriate order if 9 necessary and, where discovery has been ordered, the order has 10 been obeyed. All motions to compel discovery must be noticed on 11 the magistrate judge’s calendar in accordance with the local 12 rules of this court and so that such motions may be heard (and 13 any resulting orders obeyed) not later than November 20, 2020. 14 V. MOTION HEARING SCHEDULE 15 All motions, except motions for continuances, temporary 16 restraining orders, or other emergency applications, shall be 17 filed on or before December 21, 2020. All motions shall be 18 noticed for the next available hearing date. Counsel are 19 cautioned to refer to the local rules regarding the requirements 20 for noticing and opposing such motions on the court’s regularly 21 scheduled law and motion calendar. 22 VI. FINAL PRETRIAL CONFERENCE 23 The Final Pretrial Conference is set for March 1, 2021, 24 at 1:30 p.m. in Courtroom No. 5. The conference shall be 25 attended by at least one of the attorneys who will conduct the 26 trial for each of the parties and by any unrepresented parties. 27 Counsel for all parties are to be fully prepared for 28 trial at the time of the Pretrial Conference, with no matters 1 remaining to be accomplished except production of witnesses for 2 oral testimony. Counsel shall file separate pretrial statements, 3 and are referred to Local Rules 281 and 282 relating to the 4 contents of and time for filing those statements. In addition to 5 those subjects listed in Local Rule 281(b), the parties are to 6 provide the court with: (1) a plain, concise statement which 7 identifies every non-discovery motion which has been made to the 8 court, and its resolution; (2) a list of the remaining claims as 9 against each defendant; and (3) the estimated number of trial 10 days. 11 In providing the plain, concise statements of 12 undisputed facts and disputed factual issues contemplated by 13 Local Rule 281(b)(3)-(4), the parties shall emphasize the claims 14 that remain at issue, and any remaining affirmatively pled 15 defenses thereto. If the case is to be tried to a jury, the 16 parties shall also prepare a succinct statement of the case, 17 which is appropriate for the court to read to the jury. 18 VII. TRIAL SETTING 19 The jury trial is set for May 4, 2021 at 9:00 a.m. The 20 parties estimate that the trial will last five to seven days. 21 VIII. SETTLEMENT CONFERENCE 22 A Settlement Conference will be set at the time of the 23 Pretrial Conference. All parties should be prepared to advise 24 the court whether they will stipulate to the trial judge acting 25 as settlement judge and waive disqualification by virtue thereof. 26 Counsel are instructed to have a principal with full 27 settlement authority present at the Settlement Conference or to 28 be fully authorized to settle the matter on any terms. At least 1 seven calendar days before the Settlement Conference counsel for 2 each party shall submit a confidential Settlement Conference 3 Statement for review by the settlement judge. If the settlement 4 judge is not the trial judge, the Settlement Conference 5 Statements shall not be filed and will not otherwise be disclosed 6 to the trial judge. 7 IX. MODIFICATIONS TO SCHEDULING ORDER 8 Any requests to modify the dates or terms of this 9 Scheduling Order, except requests to change the date of the 10 trial, may be heard and decided by the assigned Magistrate Judge. 11 All requests to change the trial date shall be heard and decided 12 only by the undersigned judge. 13 IT IS SO ORDERED. 14 Dated: December 27, 2019 dete ak 4) 4 15 WILLIAM B. SHUBB UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28