O'Neel v. City of Folsom ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 FAUN O’NEEL, individually and No. 2:21-cv-02403 WBS DB as Guardian Ad Litem for her 13 children B.T., A.O., D.O., and A.T., 14 Plaintiffs, 15 v. 16 CITY OF FOLSOM, a public 17 entity; SPENSER HEICHLINGER, an individual; MELANIE 18 CATANIO, an individual; LOU WRIGHT, an individual; [FNU] 19 AUSTIN, an individual; [FNU] HUSAR, an individual, DOE 20 CITY OF FOLSOM DEFENDANTS, individuals; COUNTY OF 21 SACRAMENTO, a public entity; DOE DCFAS DEFENDANTS, 22 individuals; and DOES 1 through 10, inclusive, 23 Defendants. 24 25 ----oo0oo---- 26 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 August 1, 2022, and makes the following findings 3 and orders without needing to consult with the parties any 4 further. 5 I. SERVICE OF PROCESS 6 All defendants have been served, and no further service 7 is permitted without leave of court, good cause having been shown 8 under Federal Rule of Civil Procedure 16(b). 9 II. JOINDER OF PARTIES/AMENDMENTS 10 No further joinder of parties or amendments to 11 pleadings will be permitted except with leave of court, good 12 cause having been shown under Federal Rule of Civil Procedure 13 16(b). See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 14 (9th Cir. 1992). 15 III. JURISDICTION/VENUE 16 Jurisdiction is predicated upon 28 U.S.C. § 1331, 17 because plaintiffs assert claims alleging violation of their 18 rights under the United States Constitution. Venue is undisputed 19 and hereby found to be proper. 20 IV. DISCOVERY 21 The parties shall serve the initial disclosures 22 required by Federal Rule of Civil Procedure 26(a)(1) on or before 23 August 29, 2022. 24 The parties shall disclose experts and produce reports 25 in accordance with Federal Rule of Civil Procedure 26(a)(2) by no 26 later than July 28, 2023.1 With regard to expert testimony 27 1 Although the parties have suggested separate deadlines 28 for (1) the close of “Non-Expert Discovery,” (2) expert 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 August 15, 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 September 22, 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 September 22, 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 November 9, 2023. 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. 23 VI. FINAL PRETRIAL CONFERENCE 24 The Final Pretrial Conference is set for February 26, 25 2024, at 1:30 p.m. in Courtroom No. 5. The conference shall be 26 disclosures, (3) rebuttal expert disclosures, and (4) the close 27 of “Expert Witness Discovery,” the court prefers to set two deadlines for expert disclosures and one date for the close of 28 all discovery. 1 attended by at least one of the attorneys who will conduct the 2 trial for each of the parties and by any unrepresented parties. 3 Counsel for all parties are to be fully prepared for 4 trial at the time of the Pretrial Conference, with no matters 5 remaining to be accomplished except production of witnesses for 6 oral testimony. Counsel shall file separate pretrial statements, 7 and are referred to Local Rules 281 and 282 relating to the 8 contents of and time for filing those statements. In addition to 9 those subjects listed in Local Rule 281(b), the parties are to 10 provide the court with: (1) a plain, concise statement which 11 identifies every non-discovery motion which has been made to the 12 court, and its resolution; (2) a list of the remaining claims as 13 against each defendant; and (3) the estimated number of trial 14 days. 15 In providing the plain, concise statements of 16 undisputed facts and disputed factual issues contemplated by 17 Local Rule 281(b)(3)-(4), the parties shall emphasize the claims 18 that remain at issue, and any remaining affirmatively pled 19 defenses thereto. If the case is to be tried to a jury, the 20 parties shall also prepare a succinct statement of the case, 21 which is appropriate for the court to read to the jury. 22 VII. TRIAL SETTING 23 The jury trial is set for April 23, 2024, at 9:00 a.m. 24 The parties estimate that the trial will last five to seven days. 25 VIII. SETTLEMENT CONFERENCE 26 A Settlement Conference with a magistrate judge will be 27 set at the time of the Pretrial Conference. Counsel are 28 instructed to have a principal with full settlement authority ne nen nnn nnn nnn en en NO IND NE 1 present at the Settlement Conference or to be fully authorized to 2 settle the matter on any terms. At least seven calendar days 3 before the Settlement Conference counsel for each party shall 4 submit a confidential Settlement Conference Statement for review 5 by the settlement judge. The Settlement Conference Statements 6 shall not be filed and will not otherwise be disclosed to the 7 trial judge. 8 IX. MODIFICATIONS TO SCHEDULING ORDER 9 Any requests to modify the dates or terms of this 10 Scheduling Order, except requests to change the date of the 11 trial, may be heard and decided by the assigned Magistrate Judge. 12 All requests to change the trial date shall be heard and decided 13 only by the undersigned judge. 14 IT IS SO ORDERED. . 15 | Dated: July 22, 2022 Atte th 2d. WILLIAM B. SHUBB UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28