Sutherland v. City of Stockton ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 KAREN SUTHERLAND, as mother No. 2:21-cv-01855 WBS AC of decedent; ERICA BELATTI, 13 Guardian Ad Litem for S.S., son of decedent, and as a 14 successor in interest to the deceased; and D.S. daughter 15 of decedent, and as a successor in interest to the 16 deceased, 17 Plaintiffs, 18 v. 19 CITY OF STOCKTON; OFFICER RONALD ZALUNARDO, in his 20 individual and official capacity; OFFICER JOHN 21 AFANASIEV, in his individual and official capacity; CHIEF 22 ERIC JONES, in his individual and official capacity; and 23 DOES 1-5, inclusive, 24 Defendants. 25 26 ----oo0oo---- 27 STATUS (PRETRIAL SCHEDULING) ORDER 28 After reviewing the parties’ Joint Status Report, the 1 court hereby vacates the Status (Pretrial Scheduling) Conference 2 scheduled for July 18, 2022, and makes the following findings and 3 orders without needing to consult with the parties any further. 4 I. SERVICE OF PROCESS 5 All named defendants have been served, and no further 6 service is permitted without leave of court, good cause having 7 been shown under Federal Rule of Civil Procedure 16(b). 8 II. JOINDER OF PARTIES/AMENDMENTS 9 No further joinder of parties or amendments to 10 pleadings will be permitted except with leave of court, good 11 cause having been shown under Federal Rule of Civil Procedure 12 16(b). See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 13 (9th Cir. 1992). 14 III. JURISDICTION/VENUE 15 Jurisdiction is predicated upon 28 U.S.C. §§ 1331 and 16 1343(a), because plaintiffs assert claims for violations of 17 constitutional rights under 42 U.S.C. § 1983. Pursuant to 28 18 U.S.C. § 1367, the court has supplemental jurisdiction over 19 plaintiffs’ state law claims, which arise from the same course of 20 conduct as plaintiffs’ federal claims. Venue is undisputed and 21 hereby found to be proper. 22 IV. DISCOVERY 23 The parties agree to serve the initial disclosures 24 required by Federal Rule of Civil Procedure 26(a)(1) on or before 25 July 18, 2022. 26 The parties shall disclose experts and produce reports 27 in accordance with Federal Rule of Civil Procedure 26(a)(2) by no 28 later than September 22, 2023. With regard to expert testimony 1 intended solely for rebuttal, those experts shall be disclosed 2 and reports produced in accordance with Federal Rule of Civil 3 Procedure 26(a)(2) on or before October 20, 2023. 4 All discovery, including depositions for preservation 5 of testimony, is left open, save and except that it shall be so 6 conducted as to be completed by November 17, 2023. The word 7 “completed” means that all discovery shall have been conducted so 8 that all depositions have been taken and any disputes relevant to 9 discovery shall have been resolved by appropriate order if 10 necessary and, where discovery has been ordered, the order has 11 been obeyed. All motions to compel discovery must be noticed on 12 the magistrate judge’s calendar in accordance with the local 13 rules of this court and so that such motions may be heard (and 14 any resulting orders obeyed) not later than November 17, 2023. 15 V. MOTION HEARING SCHEDULE 16 All motions, except motions for continuances, temporary 17 restraining orders, or other emergency applications, shall be 18 filed on or before January 16, 2024. All motions shall be 19 noticed for the next available hearing date. Counsel are 20 cautioned to refer to the local rules regarding the requirements 21 for noticing and opposing such motions on the court’s regularly 22 scheduled law and motion calendar.1 23 VI. FINAL PRETRIAL CONFERENCE 24 The Final Pretrial Conference is set for April 8, 2024, 25 26 1 The parties noted in their Joint Status Report that they stipulate to a briefing schedule for dispositive motions 27 different than the one in the Local Rules. The court does not address the stipulation at this time. However, the parties can 28 file any necessary stipulation when a motion is filed. 1 at 1:30 p.m. in Courtroom No. 5 or via videoconference. The 2 Courtroom Deputy will notify the parties prior to the Conference 3 whether it will be held in person or via videoconference. The 4 Conference shall be attended by at least one of the attorneys who 5 will conduct the trial for each of the parties and by any 6 unrepresented parties. 7 Counsel for all parties are to be fully prepared for 8 trial at the time of the Pretrial Conference, with no matters 9 remaining to be accomplished except production of witnesses for 10 oral testimony. Counsel shall file separate pretrial statements, 11 and are referred to Local Rules 281 and 282 relating to the 12 contents of and time for filing those statements. In addition to 13 those subjects listed in Local Rule 281(b), the parties are to 14 provide the court with: (1) a plain, concise statement which 15 identifies every non-discovery motion which has been made to the 16 court, and its resolution; (2) a list of the remaining claims as 17 against each defendant; and (3) the estimated number of trial 18 days. 19 In providing the plain, concise statements of 20 undisputed facts and disputed factual issues contemplated by 21 Local Rule 281(b)(3)-(4), the parties shall emphasize the claims 22 that remain at issue, and any remaining affirmatively pled 23 defenses thereto. If the case is to be tried to a jury, the 24 parties shall also prepare a succinct statement of the case, 25 which is appropriate for the court to read to the jury. 26 VII. TRIAL SETTING 27 The jury trial is set for June 4, 2024 at 9:00 a.m. The 28 parties estimate that the trial will last eight to ten days. nn ee enn enn nnn nnn nn nnn nn nnn ne oe I IED NE 1 VIII. SETTLEMENT CONFERENCE 2 A Settlement Conference with a magistrate judge will be 3 set at the time of the Pretrial Conference. Counsel are 4 instructed to have a principal with full settlement authority 5 present at the Settlement Conference or to be fully authorized to 6 settle the matter on any terms. At least seven calendar days 7 before the Settlement Conference counsel for each party shall 8 submit a confidential Settlement Conference Statement for review 9 by the settlement judge. The Settlement Conference Statements 10 shall not be filed and will not otherwise be disclosed to the 11 trial judge. 12 IX. MODIFICATIONS TO SCHEDULING ORDER 13 Any requests to modify the dates or terms of this 14 Scheduling Order, except requests to change the date of the 15 trial, may be heard and decided by the assigned Magistrate Judge. 16 | All requests to change the trial date shall be heard and decided 17 only by the undersigned judge. 18 IT IS SO ORDERED. 19 | Dated: July 12, 2022 dtd, ak. Leg. KE 20 WILLIAM B. SHUBB UNITED STATES DISTRICT JUDGE 22 23 24 25 26 27 28