Lesher v. City of Anderson ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 THERESE L. LESHER, NO. 2:21-cv-00386 WBS DMC 13 Plaintiff, 14 v. 15 CITY OF ANDERSON, et al., 16 Defendants. 17 18 ----oo0oo---- 19 STATUS (PRETRIAL SCHEDULING) ORDER 20 After reviewing the parties’ Joint Status Report, the 21 court hereby vacates the Status (Pretrial Scheduling) Conference 22 scheduled for January 31, 2022, and makes the following findings 23 and orders without needing to consult with the parties any 24 further. 25 I. SERVICE OF PROCESS 26 All defendants have been served, and no further service 27 is permitted without leave of court, good cause having been shown 28 under Federal Rule of Civil Procedure 16(b). 1 II. JOINDER OF PARTIES/AMENDMENTS 2 No further joinder of parties or amendments to 3 pleadings will be permitted except with leave of court, good 4 cause having been shown under Federal Rule of Civil Procedure 5 16(b). See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 6 (9th Cir. 1992). 7 III. JURISDICTION/VENUE 8 Jurisdiction is predicated upon 28 U.S.C. §§ 1331 and 9 1343(a) because plaintiff asserts a claim under for violation of 10 constitutional rights under 42 U.S.C. § 1983. Pursuant to 28 11 U.S.C. § 1367, the court also has jurisdiction over plaintiff’s 12 state law causes of action, which arise from the same course of 13 conduct as plaintiff’s federal claims. Venue is undisputed and 14 hereby found to be proper. 15 IV. DISCOVERY 16 The parties have already served the initial disclosures 17 required by Federal Rule of Civil Procedure 26(a)(1). 18 The parties shall disclose experts and produce reports 19 in accordance with Federal Rule of Civil Procedure 26(a)(2) by no 20 later than February 15, 2023. With regard to expert testimony 21 intended solely for rebuttal, those experts shall be disclosed 22 and reports produced in accordance with Federal Rule of Civil 23 Procedure 26(a)(2) on or before March 16, 2023. 24 All discovery, including depositions for preservation 25 of testimony, is left open, save and except that it shall be so 26 conducted as to be completed by April 19, 2023. The word 27 “completed” means that all discovery shall have been conducted so 28 that all depositions have been taken and any disputes relevant to 1 discovery shall have been resolved by appropriate order if 2 necessary and, where discovery has been ordered, the order has 3 been obeyed. All motions to compel discovery must be noticed on 4 the magistrate judge’s calendar in accordance with the local 5 rules of this court and so that such motions may be heard (and 6 any resulting orders obeyed) not later than April 19, 2023. 7 V. MOTION HEARING SCHEDULE 8 All motions, except motions for continuances, temporary 9 restraining orders, or other emergency applications, shall be 10 filed on or before May 15, 2023. All motions shall be noticed 11 for the next available hearing date. Counsel are cautioned to 12 refer to the local rules regarding the requirements for noticing 13 and opposing such motions on the court’s regularly scheduled law 14 and motion calendar. 15 VI. FINAL PRETRIAL CONFERENCE 16 The Final Pretrial Conference is set for July 31, 2023, 17 at 1:30 p.m. in Courtroom No. 5. The conference shall be 18 attended by at least one of the attorneys who will conduct the 19 trial for each of the parties and by any unrepresented parties. 20 Counsel for all parties are to be fully prepared for 21 trial at the time of the Pretrial Conference, with no matters 22 remaining to be accomplished except production of witnesses for 23 oral testimony. Counsel shall file separate pretrial statements, 24 and are referred to Local Rules 281 and 282 relating to the 25 contents of and time for filing those statements. In addition to 26 those subjects listed in Local Rule 281(b), the parties are to 27 provide the court with: (1) a plain, concise statement which 28 identifies every non-discovery motion which has been made to the 1 court, and its resolution; (2) a list of the remaining claims as 2 against each defendant; and (3) the estimated number of trial 3 days. 4 In providing the plain, concise statements of 5 undisputed facts and disputed factual issues contemplated by 6 Local Rule 281(b)(3)-(4), the parties shall emphasize the claims 7 that remain at issue, and any remaining affirmatively pled 8 defenses thereto. If the case is to be tried to a jury, the 9 parties shall also prepare a succinct statement of the case, 10 which is appropriate for the court to read to the jury. 11 VII. TRIAL SETTING 12 The jury trial is set for September 6, 2023, at 9:00 13 a.m. The parties estimate that the trial will last five to eight 14 days. 15 VIII. SETTLEMENT CONFERENCE 16 A Settlement Conference will be set at the time of the 17 Pretrial Conference. All parties should be prepared to advise 18 the court whether they will stipulate to the trial judge acting 19 as settlement judge and waive disqualification by virtue thereof. 20 Counsel are instructed to have a principal with full 21 settlement authority present at the Settlement Conference or to 22 be fully authorized to settle the matter on any terms. At least 23 seven calendar days before the Settlement Conference counsel for 24 each party shall submit a confidential Settlement Conference 25 Statement for review by the settlement judge. If the settlement 26 judge is not the trial judge, the Settlement Conference 27 Statements shall not be filed and will not otherwise be disclosed 28 to the trial judge. eee ee meee nn EE OS ED OE 1 IX. MODIFICATIONS TO SCHEDULING ORDER 2 Any requests to modify the dates or terms of this 3 Scheduling Order, except requests to change the date of the 4 trial, may be heard and decided by the assigned Magistrate Judge. 5 All requests to change the trial date shall be heard and decided 6 only by the undersigned judge. 7 IT IS SO ORDERED. 8 | Dated: January 25, 2022 bette 2d. □□ 9 WILLIAM B. SHUBB UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28