Klep v. County of Siskiyou ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 RENEE KELP, individually and NO. 2:23-cv-00274 WBS DB as successor-in-interest to 13 DARIN KLEP, DECEDENT; A.K., a minor by her guardian Ad 14 Litem, RENEE KLEP, 15 Plaintiffs, 16 v. 17 COUNTY OF SISKIYOU; CITY OF MT. SHASTA, a Municipal 18 entity; CHRIS STOCK, an individual; RICHARD EVANS, an 19 individual; WALTER MOORE, an individual; and JUAN 20 CASANOVA, an individual, 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 June 5, 2023, and makes the following findings and 28 orders without needing to consult with the parties any further. 1 I. SERVICE OF PROCESS 2 All defendants have been served, and no further service 3 is permitted without leave of court, good cause having been shown 4 under Federal Rule of Civil Procedure 16(b). 5 II. JOINDER OF PARTIES/AMENDMENTS 6 No further joinder of parties or amendments to 7 pleadings will be permitted except with leave of court, good 8 cause having been shown under Federal Rule of Civil Procedure 9 16(b). See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 10 (9th Cir. 1992). 11 III. JURISDICTION/VENUE 12 Jurisdiction is predicated upon 28 U.S.C § 1331, 13 because plaintiffs assert a claim arising under 42 U.S.C. § 1983 14 for violations of the Fourth Amendment. Venue is undisputed and 15 hereby found to be proper. 16 IV. DISCOVERY 17 The parties agree to serve the initial disclosures 18 required by Federal Rule of Civil Procedure 26(a)(1) on or before 19 July 10, 2023. 20 The parties shall disclose experts and produce reports 21 in accordance with Federal Rule of Civil Procedure 26(a)(2) by no 22 later than May 3, 2024. With regard to expert testimony intended 23 solely for rebuttal, those experts shall be disclosed and reports 24 produced in accordance with Federal Rule of Civil Procedure 25 26(a)(2) on or before June 3, 2024. 26 All discovery, including depositions for preservation 27 of testimony, is left open, save and except that it shall be so 28 conducted as to be completed by July 3, 2024. The word 1 “completed” means that all discovery shall have been conducted so 2 that all depositions have been taken and any disputes relevant to 3 discovery shall have been resolved by appropriate order if 4 necessary and, where discovery has been ordered, the order has 5 been obeyed. All motions to compel discovery must be noticed on 6 the magistrate judge’s calendar in accordance with the local 7 rules of this court and so that such motions may be heard (and 8 any resulting orders obeyed) not later than July 3, 2024. 9 V. MOTION HEARING SCHEDULE 10 All motions, except motions for continuances, temporary 11 restraining orders, or other emergency applications, shall be 12 filed on or before September 9, 2024. All motions shall be 13 noticed for the next available hearing date. Counsel are 14 cautioned to refer to the local rules regarding the requirements 15 for noticing and opposing such motions on the court’s regularly 16 scheduled law and motion calendar. 17 VI. FINAL PRETRIAL CONFERENCE 18 The Final Pretrial Conference is set for December 16, 19 2024, at 1:30 p.m. in Courtroom No. 5. The conference shall be 20 attended by at least one of the attorneys who will conduct the 21 trial for each of the parties and by any unrepresented parties. 22 Counsel for all parties are to be fully prepared for 23 trial at the time of the Pretrial Conference, with no matters 24 remaining to be accomplished except production of witnesses for 25 oral testimony. Counsel shall file separate pretrial statements, 26 and are referred to Local Rules 281 and 282 relating to the 27 contents of and time for filing those statements. In addition to 28 those subjects listed in Local Rule 281(b), the parties are to 1 provide the court with: (1) a plain, concise statement which 2 identifies every non-discovery motion which has been made to the 3 court, and its resolution; (2) a list of the remaining claims as 4 against each defendant; and (3) the estimated number of trial 5 days. 6 In providing the plain, concise statements of 7 undisputed facts and disputed factual issues contemplated by 8 Local Rule 281(b)(3)-(4), the parties shall emphasize the claims 9 that remain at issue, and any remaining affirmatively pled 10 defenses thereto. If the case is to be tried to a jury, the 11 parties shall also prepare a succinct statement of the case, 12 which is appropriate for the court to read to the jury. 13 VII. TRIAL SETTING 14 The jury trial is set for February 25, 2025 at 9:00 a.m. 15 The parties estimate that the trial will last 7 to 8 days days. 16 VIII. SETTLEMENT CONFERENCE 17 A Settlement Conference will be set at the time of the 18 Pretrial Conference. All parties should be prepared to advise 19 the court whether they will stipulate to the trial judge acting 20 as settlement judge and waive disqualification by virtue thereof. 21 Counsel are instructed to have a principal with full 22 settlement authority present at the Settlement Conference or to 23 be fully authorized to settle the matter on any terms. At least 24 seven calendar days before the Settlement Conference counsel for 25 each party shall submit a confidential Settlement Conference 26 Statement for review by the settlement judge. If the settlement 27 judge is not the trial judge, the Settlement Conference 28 Statements shall not be filed and will not otherwise be disclosed eee eee NE II OE I RE OS OED NE 1 to the trial judge. 2 IX. MODIFICATIONS TO SCHEDULING ORDER 3 Any requests to modify the dates or terms of this 4 Scheduling Order, except requests to change the date of the 5 trial, may be heard and decided by the assigned Magistrate Judge. 6 | All requests to change the trial date shall be heard and decided 7 only by the undersigned judge. 8 IT IS SO ORDERED. 9] Dated: May 30, 2023 / td . ak. 2 / 10 WILLIAM B. SHUBB tl UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28