Silva v. United States ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 JUSTIN SILVA, No. 2:22-CV-00033 WBS KJN 13 Plaintiff, 14 v. 15 UNITED STATES OF AMERICA, 16 Defendant. 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 September 26, 2022, and makes the following 23 findings and orders without needing to consult with the parties 24 any further. 25 I. SERVICE OF PROCESS 26 The defendant has been served, and no further service 27 is permitted without leave of court, good cause having been shown 28 1 under Federal Rule of Civil Procedure 16(b). 2 II. JOINDER OF PARTIES/AMENDMENTS 3 No further joinder of parties or amendments to 4 pleadings will be permitted except with leave of court, good 5 cause having been shown under Federal Rule of Civil Procedure 6 16(b). See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 7 (9th Cir. 1992). 8 III. JURISDICTION/VENUE 9 Jurisdiction is predicated upon 28 U.S.C. § 1346(b), 10 because the United States is a defendant and claims are brought 11 under the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680. Venue 12 is undisputed and hereby found to be proper. 13 IV. DISCOVERY 14 The parties agreed to serve the initial disclosures 15 required by Federal Rule of Civil Procedure 26(a)(1) by September 16 19, 2022. 17 The plaintiff shall disclose experts and produce 18 reports in accordance with Federal Rule of Civil Procedure 19 26(a)(2) by no later than February 16, 2024. The defendant shall 20 disclose the same by no later than March 15, 2024. With regard 21 to expert testimony intended solely for rebuttal, those experts 22 shall be disclosed and reports produced in accordance with 23 Federal Rule of Civil Procedure 26(a)(2) on or before April 12, 24 2024. 25 All discovery, including depositions for preservation 26 of testimony, is left open, save and except that it shall be so 27 conducted as to be completed by May 10, 2024. The word 28 “completed” means that all discovery shall have been conducted so 1 that all depositions have been taken and any disputes relevant to 2 discovery shall have been resolved by appropriate order if 3 necessary and, where discovery has been ordered, the order has 4 been obeyed. All motions to compel discovery must be noticed on 5 the magistrate judge’s calendar in accordance with the local 6 rules of this court and so that such motions may be heard (and 7 any resulting orders obeyed) not later than May 10, 2024. 8 V. MOTION HEARING SCHEDULE 9 All motions, except motions for continuances, temporary 10 restraining orders, or other emergency applications, shall be 11 filed on or before July 12, 2024. All motions shall be noticed 12 for the next available hearing date. Counsel are cautioned to 13 refer to the local rules regarding the requirements for noticing 14 and opposing such motions on the court’s regularly scheduled law 15 and motion calendar. 16 VI. FINAL PRETRIAL CONFERENCE 17 The Final Pretrial Conference is set for September 23, 18 2024, at 1:30 p.m. in Courtroom No. 5. The conference shall be 19 attended by at least one of the attorneys who will conduct the 20 trial for each of the parties and by any unrepresented parties. 21 Counsel for all parties are to be fully prepared for 22 trial at the time of the Pretrial Conference, with no matters 23 remaining to be accomplished except production of witnesses for 24 oral testimony. Counsel shall file separate pretrial statements, 25 and are referred to Local Rules 281 and 282 relating to the 26 contents of and time for filing those statements. In addition to 27 those subjects listed in Local Rule 281(b), the parties are to 28 provide the court with: (1) a plain, concise statement which 1 identifies every non-discovery motion which has been made to the 2 court, and its resolution; (2) a list of the remaining claims as 3 against each defendant; and (3) the estimated number of trial 4 days. 5 In providing the plain, concise statements of 6 undisputed facts and disputed factual issues contemplated by 7 Local Rule 281(b)(3)-(4), the parties shall emphasize the claims 8 that remain at issue, and any remaining affirmatively pled 9 defenses thereto. 10 VII. TRIAL SETTING 11 A non-jury trial is set for December 3, 2024 at 9:00 12 a.m. The parties estimate that the trial will last two to three 13 days. 14 VIII. SETTLEMENT CONFERENCE 15 A Settlement Conference with a magistrate judge will be 16 set at the time of the Pretrial Conference. Counsel are 17 instructed to have a principal with full settlement authority 18 present at the Settlement Conference or to be fully authorized to 19 settle the matter on any terms. At least seven calendar days 20 before the Settlement Conference counsel for each party shall 21 submit a confidential Settlement Conference Statement for review 22 by the settlement judge. The Settlement Conference Statements 23 shall not be filed and will not otherwise be disclosed to the 24 trial judge. 25 IX. MODIFICATIONS TO SCHEDULING ORDER 26 Any requests to modify the dates or terms of this 27 Scheduling Order, except requests to change the date of the 28 trial, may be heard and decided by the assigned Magistrate Judge. nen ee enn meen ne nn ne on on nnn ne I ED OE 1 All requests to change the trial date shall be heard and decided 2 only by the undersigned judge. 3 IT IS SO ORDERED. . 4 | Dated: September 21, 2022 crhittiom th. Ad. be—~ WILLIAM B. SHUBB > UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28