(PS) Gabriel v. U.S. Department of Homeland Security ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JEFFREY GABRIEL, No. 2:19-cv-1664 MCE DB PS 12 Plaintiff, 13 v. 14 U.S DEPARTMENT OF HOMELAND SECURITY, et al., 15 16 Defendants. 17 18 STATUS & PRETRIAL SCHEDULING ORDER 19 READ THIS ORDER CAREFULLY. IT CONTAINS IMPORTANT DATES WHICH 20 THE COURT WILL STRICTLY ENFORCE AND WITH WHICH ALL COUNSEL AND 21 PARTIES MUST COMPLY. A FAILURE TO COMPLY WITH THE TERMS OF THIS 22 ORDER MAY RESULT IN THE IMPOSITION OF MONETARY AND ALL OTHER 23 SANCTIONS WITHIN THE POWER OF THE COURT, INCLUDING DISMISSAL OR AN 24 ORDER OF JUDGMENT. 25 Pursuant to court order, a Status (Pretrial Scheduling) Conference was held in this action 26 on July 17, 2020, at 10:00 a.m. before the undersigned.1 Plaintiff Jeffrey Gabriel appeared via 27 1 Plaintiff is proceeding in this action pro se. This matter was referred to the undersigned in 28 accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). 1 videoconference on his own behalf. Attorney Audrey Hemesath appeared over videoconference 2 on behalf of defendant. After hearing, the court makes the following findings and orders: 3 SERVICE OF PROCESS 4 Service of process has been completed. No further service is permitted except with leave 5 of court, good cause having been shown. 6 JOINDER OF PARTIES/AMENDMENTS 7 No further joinder of parties or amendment to pleadings is permitted except with leave of 8 court, good cause having been shown. See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 9 609-10 (9th Cir. 1992). 10 JURISDICTION/VENUE 11 Jurisdiction over this action is predicated on the court’s federal question jurisdiction 12 pursuant to 28 U.S.C. § 1331. Defendant does not dispute either jurisdiction or venue and both 13 appear to be proper. 14 DISCOVERY 15 The parties shall make initial disclosures under Federal Rule of Civil Procedure 26 no 16 later than 28 days from the date of the July 17, 2020 hearing. Plaintiff shall disclose experts no 17 later than January 15, 2021. Defendant shall disclose experts no later than January 29, 2021. 18 Rebuttal experts shall be disclosed no later than February 12, 2021. All discovery is left open, 19 save and except that it shall be so conducted as to be completed by March 12, 2021. The word 20 “completed” means that all discovery shall have been conducted so that all depositions have been 21 taken and any disputes relative to discovery shall have been resolved by appropriate order if 22 necessary and, where discovery has been ordered, the order has been complied with. 23 MOTION HEARING SCHEDULE 24 All law and motion, except as to discovery, is left open, save and except that it shall be 25 conducted so as to be completed by April 30, 2021. The word “completed” in this context means 26 that all law and motion matters must be heard by the above date. The parties are cautioned to 27 refer to the local rules, specifically Local Rule 230, regarding the requirements for noticing such 28 motions on the court’s regularly scheduled law and motion calendar. The parties shall file with 1 the court and serve opposition OR a statement of non-opposition to every properly noticed 2 motion not later than fourteen (14) days preceding the hearing date. Any reply by the 3 moving party shall be filed with the court and served not later than seven (7) days preceding 4 the hearing date. This paragraph does not preclude motions for continuances, temporary 5 restraining orders or other emergency applications, and is subject to any special scheduling set 6 forth in the “MISCELLANEOUS PROVISIONS” paragraph below. 7 The parties should keep in mind that the purpose of law and motion is to narrow and 8 refine the legal issues raised by the case, and to dispose of by pretrial motion those issues that are 9 susceptible to resolution without trial. To accomplish that purpose, the parties need to identify 10 and fully research the issues presented by the case, and then examine those issues in light of the 11 evidence gleaned through discovery. If it appears after examining the legal issues and facts that 12 an issue can be resolved by pretrial motion, the parties are to file the appropriate motion by the 13 law and motion cutoff set forth supra. 14 ALL PURELY LEGAL ISSUES ARE TO BE RESOLVED BY TIMELY PRETRIAL 15 MOTION. The parties are reminded that motions in limine are procedural devices designed to 16 address the admissibility of evidence. THE PARTIES ARE CAUTIONED THAT THE COURT 17 WILL LOOK WITH DISFAVOR UPON SUBSTANTIVE MOTIONS PRESENTED IN THE 18 GUISE OF MOTIONS IN LIMINE AT THE TIME OF TRIAL. 19 FURTHER SCHEDULING 20 The parties shall file a Joint Notice of Trial Readiness not later than thirty (30) days after 21 receiving the Court’s ruling(s) on the last filed dispositive motion(s). If the parties do not intend 22 to file dispositive motions, the parties shall file a Joint Notice of Trial Readiness not later than 23 thirty (30) days after the close of the designation of supplemental expert witnesses and the notice 24 must include statements of intent to forgo the filing of dispositive motions. 25 The parties are to set forth in their Notice of Trial Readiness, the appropriateness of 26 special procedures, whether this case is related to any other case(s) on file in the Eastern District 27 of California, the prospect for settlement, their estimated trial length, any request for a jury, and 28 their availability for trial. The parties’ Notice of Trial Readiness Statement shall also estimate 1 how many court days each party will require to present its case, including opening statements and 2 closing arguments. The parties’ estimates shall include time necessary for jury selection, time 3 necessary to finalize jury instructions and instruct the jury. After review of the parties’ Joint 4 Notice of Trial Readiness, the assigned District Judge will issue an order that sets forth dates for a 5 final pretrial conference and trial. The parties should be prepared to submit discovery documents 6 and trial exhibits electronically in PDF format. 7 SETTLEMENT CONFERENCE 8 An early settlement conference may be set before the undersigned, or another magistrate 9 judge who is randomly selected, if all parties agree to request an early settlement conference. 10 Either party may initiate such a request by calling Pete Buzo, courtroom deputy to the 11 undersigned, at (916) 930-4128. Information will be provided regarding the procedure to follow. 12 Otherwise, a Settlement Conference may be scheduled when the Final Pretrial Conference is held. 13 MISCELLANEOUS PROVISIONS 14 There appear to be no other matters presently pending before the court that will aid the 15 just and expeditious disposition of this matter. 16 Pursuant to Fed. R. Civ. P. 16(b), THE COURT SUMMARIZES THE SCHEDULING 17 ORDER AS FOLLOWS: 18 1. Initial disclosures shall be made no later than 28 days from July 17, 2020. 19 2. Plaintiff shall disclose experts no later than January 15, 2021. 20 3. Defendant shall disclose experts no later January 29, 2021. 21 4. Rebuttal experts shall be disclosed no later than February 12, 2021. 22 5. Discovery shall be completed by March 12, 2021. 23 6. All pretrial motions, except motions to compel discovery, shall be completed 24 by April 30, 2021. 25 //// 26 //// 27 //// 28 //// wOAOe UV VET NS DMO OOP ee OY VI 1 7. A Final Pretrial Conference date will be set after the resolution of any 2 | dispositive motions, or passage of the dispositive motion cutoff, with a trial date being 3 | determined at the pretrial conference. 4 | Dated: July 20, 2020 Mliaad™>_ 6 4 ORAH BARNES UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 | DLB:6 97 DB\orders\orders.pro se\gabriel1664.sched.ord 28