R.H. v. City of Redding ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 R.H., a minor, by and through NO. 2:20-cv-01435 WBS DMC her guardian ad litem, Sheila 13 Brown; ESTATE OF ERIC JAY HAMES, by and through its 14 personal representative, Crystal Dunlap-Bennett, 15 Plaintiffs, 16 v. 17 CITY OF REDDING, a public 18 entity; JOE ROSSI, an individual; KIP KINNEAVY, an 19 individual; JAY GUTERDING, an individual; and DOES 5-20, 20 inclusive, 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 November 23, 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, and no further service 4 is permitted without leave of court, good cause having been shown 5 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 federal question, 28 14 U.S.C. § 1331, because plaintiffs assert claims arising under 15 laws of the United States, 42 U.S.C. § 1983, and the Fourth and 16 Fourteenth Amendments of the United States Constitution. Venue 17 is undisputed and 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 December 7, 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 July 30, 2021. With regard to expert testimony 25 intended solely for rebuttal, those experts shall be disclosed 26 and reports produced in accordance with Federal Rule of Civil 27 Procedure 26(a)(2) on or before August 27, 2021. 28 All discovery, including depositions for preservation 1 of testimony, is left open, save and except that it shall be so 2 conducted as to be completed by September 24, 2021. The word 3 “completed” means that all discovery shall have been conducted so 4 that all depositions have been taken and any disputes relevant to 5 discovery shall have been resolved by appropriate order if 6 necessary and, where discovery has been ordered, the order has 7 been obeyed. All motions to compel discovery must be noticed on 8 the magistrate judge’s calendar in accordance with the local 9 rules of this court and so that such motions may be heard (and 10 any resulting orders obeyed) not later than September 24, 2021. 11 V. MOTION HEARING SCHEDULE 12 All motions, except motions for continuances, temporary 13 restraining orders, or other emergency applications, shall be 14 filed on or before November 5, 2021. All motions shall be 15 noticed for the next available hearing date. Counsel are 16 cautioned to refer to the local rules regarding the requirements 17 for noticing and opposing such motions on the court’s regularly 18 scheduled law and motion calendar. 19 VI. FINAL PRETRIAL CONFERENCE 20 The Final Pretrial Conference is set for January 18, 21 2022, at 1:30 p.m. in Courtroom No. 5. The conference shall be 22 attended by at least one of the attorneys who will conduct the 23 trial for each of the parties and by any unrepresented parties. 24 Counsel for all parties are to be fully prepared for 25 trial at the time of the Pretrial Conference, with no matters 26 remaining to be accomplished except production of witnesses for 27 oral testimony. Counsel shall file separate pretrial statements, 28 and are referred to Local Rules 281 and 282 relating to the 1 contents of and time for filing those statements. In addition to 2 those subjects listed in Local Rule 281(b), the parties are to 3 provide the court with: (1) a plain, concise statement which 4 identifies every non-discovery motion which has been made to the 5 court, and its resolution; (2) a list of the remaining claims as 6 against each defendant; and (3) the estimated number of trial 7 days. 8 In providing the plain, concise statements of 9 undisputed facts and disputed factual issues contemplated by 10 Local Rule 281(b)(3)-(4), the parties shall emphasize the claims 11 that remain at issue, and any remaining affirmatively pled 12 defenses thereto. If the case is to be tried to a jury, the 13 parties shall also prepare a succinct statement of the case, 14 which is appropriate for the court to read to the jury. 15 VII. TRIAL SETTING 16 The jury trial is set for March 15, 2022 at 9:00 a.m. 17 The parties estimate that the trial will last 5-7 days. 18 VIII. SETTLEMENT CONFERENCE 19 A Settlement Conference will be set at the time of the 20 Pretrial Conference. All parties should be prepared to advise 21 the court whether they will stipulate to the trial judge acting 22 as settlement judge and waive disqualification by virtue thereof. 23 Counsel are instructed to have a principal with full 24 settlement authority present at the Settlement Conference or to 25 be fully authorized to settle the matter on any terms. At least 26 seven calendar days before the Settlement Conference counsel for 27 each party shall submit a confidential Settlement Conference 28 Statement for review by the settlement judge. If the settlement eee OIE IERIE IDE IRE IID IE III EEN IE I OS IEE ESE OSE EIS EE OID OE 1 judge is not the trial judge, the Settlement Conference 2 Statements shall not be filed and will not otherwise be disclosed 3 to the trial judge. 4 IX. MODIFICATIONS TO SCHEDULING ORDER 5 Any requests to modify the dates or terms of this 6 Scheduling Order, except requests to change the date of the 7 trial, may be heard and decided by the assigned Magistrate Judge. 8 All requests to change the trial date shall be heard and decided 9 only by the undersigned judge. 10 IT IS SO ORDERED. 11 | Dated: November 16, 2020 □□ □□□ au~ th d._kE 12 WILLIAM B. SHUBB UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28